Patent and Invention Help Forum

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Topics - Roberto

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Suppose company A and company B jointly own the rights of a patent, and that this patent results from the work collaboration between inventor 1 (from company A) and inventors 2, 3 (from company B). Also suppose that both company A and B have internal rules to pay 30% of the revenues generated by patents to the inventors.

By the US patent laws, it seems that one of the companies, for example company A, could independently license the patent to a third company and not share its profits with company B. And that seems to be considered one of the perils of joint owning a patent.

My question is: if company A licenses the patent to a third company, although it is not required to give any money to company B, is company A required by law to pay the inventors 2 and 3 (so all inventors get 10%)? Or company A could give the 30% of revenue to inventor 1 and pay nothing to inventors 2, 3 since they are employed by company B?

Thank you,

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