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J. Nevin Shaffer, JR. J. Nevin Shaffer, JR.
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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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