Expert: George H. Morgan, P.E., Patent Agent - 2/23/2011

Question
I am a co-inventor on a patent.  If my co-inventors decide to license the technology to  a company and I don't get a share- is that legal?

Answer
All inventors must be named on the issued patent.
Only the inventors may be named.

Assuming you are a named co-inventor along with the rest of any co-inventors, and you have not assigned your rights to the others, each co-inventor, absent any agreements to the contrary, is entitled, by law, to go out and license whoever they please, without owing anything to the other co-inventors. You can do the same.

There was a famous case a few years back, where the employees of a medical device manufacturer, who had assigned their rights to their employer, neglected to add a co-inventor, who I believe was a graduate student, who had not assigned his rights to anyone. He sued, the inventorship issue was settled by him being named as also an inventor, and he went out and licensed the direct competitor of the first firm.  So, there is plenty of case law out there on the matter.

I hope that is of benefit to you.

Keep in mind, there are contingency lawyers who might be happy to be of assistance.

However, if the facts are covered by the above, and you are a named inventor, and you haven't assigned your rights, I suggest a friendly conversation with your fellow inventors first.

Tip:  Never assign your rights on a promise to pay. It is too easy for the other party to renege on the payment, be bought out, go bankrupt, etc. or a host of other matters.

I hope that helps.

Best wishes on your project.

George H. Morgan
Patent Agent
http://www.evansvilee.net/biz/patagent