Legal Question in Intellectual Property in New York

Whom does the patent belong to?

I have an acquaintance who works in the same field as I - the eyewear business. He works mainly in marketing and distribution, while I work in design and manufacturing. Recently, he told me of a theoretical idea he'd had about a certain kind of device. Since then, I have figured out how this device could be made. If we choose to register it with the patent bureau, whom does the patent belong to? Is it possible to own one jointly? If so, is it possible for a combination other than 50/50? Does he have a legal right to own part of the patent - although he gave me the general idea, I was the one who developed the technical drawings, etc? Also, what is the procedure to register an item with the patent bureau?

Thank you.


Asked on 9/29/05, 1:51 pm

1 Answer from Attorneys
Harold Burstyn Harold L. Burstyn Attorney-at-Law

Re: Whom does the patent belong to?

Go to www.uspto.gov and look for the information for inventors. You don't "register" a patent. Rather you apply for one, and the U. S. Patent & Trademark Office examines your application before deciding whether or not to award you a patent for the invention.

You probably need to consult a patent attorney or agent to help you with your application. Alternatively you can buy David Pressman's _Patent it Yourself_ book published by Nolo Press.

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Answered on 9/29/05, 4:06 pm


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