I would like to file a patent application that is jointly owned by two companies. Can both companies be applicants? Will both company names appear on patent publications?
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This is not an answer - have they considered forming a jointly owned entity to hold the patent?– George White ♦Mar 25, 2020 at 1:28
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Good question, but no, the patent application is for some minor technology that both companies contributed to. They want to jointly own the patent and continue to go their separate ways. But both parties want to use the patent application in marketing so ideally both company names will appear on it.– DaaniiMar 25, 2020 at 6:47
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Perhaps a cross licensing agreement?– Eric S ♦Mar 25, 2020 at 12:37
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The underlying business arrangement is fine. I'm just wondering about how this works in the application process. Can I have two applicants? Will both be listed on the patent application when it's published?– DaaniiMar 25, 2020 at 16:23
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IF you look at the face of a recently granted U.S. patent you will see a spot for the applicant listed - that might be an inventor or it might be a company. It does not really indicate ownership. Then you will see assignee - that is the owner. Multiple assignee's might be easier and more relevant than more than one applicant.– George White ♦Mar 25, 2020 at 17:43
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2 Answers
Yes, It is possible for both the firms to be the applicant for a single invention. They will be considered as joint applicants. Name of both applicants will reflect in the patent if granted.
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As per general patent rules, It is true for most of the countries. I am sure for India. But this is a common thing in IPR world to have joint applicant. Apr 2, 2020 at 16:34
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Thanks for your answer. That answers the question about whether we can have two applicants. I know that you are correct because I have confirmed that I can list multiple applicants on the Application Data Sheet when applying for a patent. I am still looking for a published application that shows two or more applicants but haven't found one yet. I am pretty sure both applicants will be listed, though.– DaaniiApr 3, 2020 at 20:11
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1Thanks for your comment. Here is a few patent applications where two or more applicants are shown. US9132818B2, US8781701B2, US8734600B2, US8267757B2. Apr 4, 2020 at 21:44
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Thanks, but those are multiple assignees listed on a patent publication. I'm instead looking for multiple applicants listed on an application publication. I was finally able to find one: pat2pdf.org/patents/pat20160231745.pdf– DaaniiApr 5, 2020 at 4:41
I did find an example of a patent application publication that lists two applicants. When applying for a patent, multiple applicants can be listed on the Application Data Sheet. Those applicants will be listed on the publication of the application and on the publication of any patent granted.