Ownership and Assignment

The initial owner of a patent is presumed to be either the named inventors or the original applicant, depending on whether the application was filed before or after September 16, 2012, respectively.

For applications filed on or after September 16, 2012, the original applicant is presumed to be the initial owner of an application for an original patent. See 37 CFR 3.73(a). For applications filed before September 16, 2012, the ownership of the patent (or the application for the patent) initially vests in the named inventors of the invention of the patent.

— Manual of Patent Examining Procedure, Chapter 300, Section 301.

A patent owner may assign their rights in a patent in writing.

A patent or patent application is assignable by an instrument in writing, and the assignment of the patent, or patent application, transfers to the assignee(s) an alienable (transferable) ownership interest in the patent or application.

— Manual of Patent Examining Procedure, Chapter 300, Section 301.

Assignment of a patent must transfer the entirety of the bundle of rights associated with ownership.

In order for an assignment to take place, the transfer to another must include the entirety of the bundle of rights that is associated with the ownership interest, i.e., all of the bundle of rights that are inherent in the right, title and interest in the patent or patent application.

— Manual of Patent Examining Procedure, Chapter 300, Section 301.

Assignment may be for a percentage of the interest in a patent.

An assignment of a patent, or patent application, is the transfer to another of a party’s entire ownership interest or a percentage of that party’s ownership interest in the patent or application.

— Manual of Patent Examining Procedure, Chapter 300, Section 301.

The owner of a patent may enforce their patent rights through civil action.

A patentee shall have remedy by civil action for infringement of his patent.

— 35 U.S. Code § 281.