Ownership

AuthorJoseph P. Kennedy/Wayne H. Watkins/Elyse N. Ball (With)
ProfessionDistinguished Professor of Polymer Science and Chemistry at The University of Akron/Associate Vice President for Research at The University of Akron/Project Manager for the University of Akron Research Foundation
Pages96-101
CHAPTER 10
OWNERSHIP
Ownership is a bundle of rights in a property. Real property such as land,
personal property such as cars and furniture, and intellectual property such
as patents and copyrights are all forms of property in which the various
ownership rights apply. As an example, the “owner” of a parcel of land has
the right to enter the land, live on the land, build a house on the land, legally
exclude others from entering the land, sell the land, or just give the land
away. These rights are bundled into a single concept we call “ownership.”
With patented intellectual property, this bundling concept is also apparent,
because the owner of a patent has a well-delineated bundle of rights in the
patented invention established by the Patent Law. As noted in Section 1.1, a
patent confers upon its owner the right to exclude others from making, using,
offering for sale or selling the inventionin the United States or from importing
the invention into the United States. A patent does not give its owner the right
to make, use, sell, or import the invention.
Now we need to determine who owns an invention. Fundamentally, the
owner of the patent is the inventor, who conceived the idea or performed the
creative or inventive step.
How to Invent and Protect Your Invention: A Guide to Patents for Scientists and Engineers,
First Edition. Joseph P. Kennedy and Wayne H. Watkins with Elyse N. Ball.
© 2012 John Wiley & Sons, Inc. Published 2012 by John Wiley & Sons, Inc.
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