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J. Nevin Shaffer. JR. Licensed patent attorney registration number 29,858 Member of the Alabama, Florida and Texas Bars "If you are in business, you have intellectual property!"®
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Home > Video FAQs > Should a patent application be filed jointly when one person has the idea and the money and the other builds the invention?

Should a patent application be filed jointly when one person has the idea and the money and the other builds the invention?

No, the idea of inventor ship is a very key one for patents. Only the inventor may apply and if you apply and put somebody on there who made it, but didn’t invent it and then you sue somebody for patent infringement and the other side deposes the manufacturer and say you invented this. You say, “No, I just built it.” Well, then the patent is dismissed for fraud on the patent office. So while the two could own it by way of contract, only one could apply for the patent as the inventor.

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