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Can 2 people apply for a patent jointly?

On Behalf of | Jul 4, 2024 | Patent Law

In many cases, inventors apply for patents on their own. They’ve created a product that they would like to take to market. Perhaps it is the basis for a small business that they’re starting. They get the patent so that they are the only person who is allowed to make that product, protecting their intellectual property before revealing it to the public.

But what if you have created this invention with a business partner? Maybe the two of you have been working on it together, and you finally had a breakthrough. Do you need to get a patent on your own? Is your business partner going to beat you to the punch? Can the two of you apply for the patent at the same time?

Joint inventors

When it comes to joint inventions, the United States Patent and Trademark Office does allow two or more people to jointly apply for the same patent. You can even do this if you didn’t physically work together, such as if you were both working remotely and collaborating. Additionally, even if you each contributed in very different ways, you could still become joint patent holders.

In fact, it is important to talk to your business partner about this process moving forward. You certainly don’t want there to be a conflict where you both view the legal situation differently. For instance, if your business partner applied for the patent on their own, they may think that they are just helping the business move forward. But you may feel that they are trying to infringe on your rights and cut you out of the company.

Because things can get so complex, it’s crucial to have an experienced legal team at your side when considering patent law. Please give our office a call and let our team guide you through the process to help things go smoothly.