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    2 Replies Latest reply on Oct 19, 2007 1:16 PM by Lighthouse24

    How to pay for patents?

    commtrx Newbie

      When paying an attorney for patent application services, should the payments be made from personal funds of the inventor since all patents/inventions must be named under the inventor(s) and not the company or should the payments come from company funds? Does it matter for ownership reasons?
        • Re: How to pay for patents?
          DomainDiva Ranger
          Talk to your legal advisor. It depends on whether or not you plan to license the technology to the company or assign the technology to the company.
          • Re: How to pay for patents?
            Lighthouse24 Ranger

            Is this a one-person company, where the owner is also the inventor -- or is the inventor an employee of the company?

            If it's the former, there are potential advantages to each, depending on the legal structure that's set up and what the owner is trying to do long-term with his or her finances and assets -- and with the patent itself. You may want to consult with a legal and/or financial specialist.

            If it's the latter, then from a pure business perspective, the company invented the product (the way 3M invented Post-it®, even though it was a scientist at their labs named Art Fry who came up with the idea). In that case, the company would want to hire the attorney, pay the fees, and own the patent -- and have all related payments and accounting records reflect that.

            If the inventor was one of several partners, or it it was an "unexpected" invention (with no prior signed agreements to cover the ownership of employee/partner inventions, intellectual property, etc.) consult an attorney -- not only to address this, but to create the framework for handling similar occurences in the future.