Aside from the creator of the patent, are the colleague in the research/development in-tilted to the patent? Or any legal decision on it? Or is it all to the creator of the patent?

Can they sell this to other parties/organization since they we're a part of development?

  • As patent law is territorial (country-specific) - please let us know if you want an answer for a specific country.
    – PatKilg
    Nov 14, 2014 at 21:23

3 Answers 3


In India, form 5 (declaration as to inventorship) has to be filed by the applicant(s) stating that they are the true and first inventor(s). Additional inventor(s) whose name is not mentioned in the application has to give an approval to pursue the complete specification of the stated application.

Only the assignee or the licensee of the patent can exercise the patent right conferred to them.

You may refer to this link for Form-5: http://www.ipindia.nic.in/ipr/patent/manual/HTML%20AND%20PDF/Manual%20of%20Patent%20Office%20Practice%20and%20Procedure%20-%20html/Forms/Form-5.pdf

You may refer to this link to understand the patent filing process in India: http://www.invntree.com/blogs/patent-application-filing-procedureprocess-india


It all starts with the true inventors owning all the rights. However, very high % of patents are assigned to the inventors' employer as soon as, or even before, they issue. Then the employer can do what they like with the assigned patent rights - and the inventors are out of the picture. The new AIA patent law now allows the original applicant of an application to be an organization or person that has the rights by virtue of pre-assignment by the inventors.


Only the persons named as inventors in the patent application are entitled to the patent and no one else. Others cannot sell, license or do any kind of transaction with respect to the patent.


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