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South Carolina Agreement between Joint Patent Holders with Title of one Holder Assigned

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Patents grant an inventor the right to exclude others from producing or using the inventor's discovery or invention for a limited period of time. In order to be patented an invention must be novel, useful, and not of an obvious nature. There are three types of patents: A. utility patent which includes a process, a machine (mechanism with moving parts), manufactured products, and compounds or mixtures (such as chemical formulas);B. A design patent which is a new, original and ornamental design for a manufactured article; and C. A plant patent which is a new variety of a cultivated asexually reproduced plant.

The Federal agency charged with administering patent laws is the Patent and Trademark Office.
Title: South Carolina Agreement between Joint Patent Holders with Title of one Holder Assigned Keywords: South Carolina, Agreement, Joint Patent Holders, Title, Assigned Introduction: In South Carolina, when multiple parties collaborate to create and own a patent, it becomes imperative to establish clear agreements to govern the rights, responsibilities, and ownership of the intellectual property. This article explores the South Carolina Agreement between Joint Patent Holders, specifically focusing on situations where the title of one holder is assigned. Types of South Carolina Agreement between Joint Patent Holders with Title of one Holder Assigned: 1. Assignment Agreement: In this type of agreement, one joint patent holder assigns their title, rights, and interests in the patent to another party while maintaining ownership or partial ownership. The assigned party becomes the sole titleholder, assuming all associated rights and responsibilities while compensating the assigning party, as outlined in the agreement. 2. Licensing Agreement: Under a licensing agreement, one joint patent holder grants the other party the right to use, manufacture, market, or sell the patented invention while the title remains with the assigning party. Royalties or license fees may be established, serving as compensation for the joint patent holder whose title is assigned. 3. Transfer Agreement: The transfer agreement involves the complete transfer of title, rights, and interests from one joint patent holder to another. The assigning party relinquishes all ownership and no longer has any involvement or claim over the patent. Transfers may occur for financial compensation or as part of a business transaction. 4. Exclusive Agreement: In an exclusive agreement, one joint patent holder assigns their title exclusively to another party, granting them the sole right to exploit and enforce the patent. The assigning party loses all rights and cannot further transfer or license its title to any other entity. 5. Non-Exclusive Agreement: A non-exclusive agreement allows one joint patent holder to assign their title to another party while retaining the right to assign or license the title to additional parties. Both the assigning and assigned parties can independently exploit and enforce the patent, ensuring multiple entities can benefit from its usage. Conclusion: South Carolina recognizes the need for agreements between joint patent holders to ensure a clear and harmonious relationship. In cases where the title of one holder is assigned, different types of agreements, such as assignment agreements, licensing agreements, transfer agreements, exclusive agreements, and non-exclusive agreements, outline the rights and responsibilities of the involved parties. These agreements provide a framework for fair compensation and delineate the extent of control and ownership established by the joint patent holders.

Title: South Carolina Agreement between Joint Patent Holders with Title of one Holder Assigned Keywords: South Carolina, Agreement, Joint Patent Holders, Title, Assigned Introduction: In South Carolina, when multiple parties collaborate to create and own a patent, it becomes imperative to establish clear agreements to govern the rights, responsibilities, and ownership of the intellectual property. This article explores the South Carolina Agreement between Joint Patent Holders, specifically focusing on situations where the title of one holder is assigned. Types of South Carolina Agreement between Joint Patent Holders with Title of one Holder Assigned: 1. Assignment Agreement: In this type of agreement, one joint patent holder assigns their title, rights, and interests in the patent to another party while maintaining ownership or partial ownership. The assigned party becomes the sole titleholder, assuming all associated rights and responsibilities while compensating the assigning party, as outlined in the agreement. 2. Licensing Agreement: Under a licensing agreement, one joint patent holder grants the other party the right to use, manufacture, market, or sell the patented invention while the title remains with the assigning party. Royalties or license fees may be established, serving as compensation for the joint patent holder whose title is assigned. 3. Transfer Agreement: The transfer agreement involves the complete transfer of title, rights, and interests from one joint patent holder to another. The assigning party relinquishes all ownership and no longer has any involvement or claim over the patent. Transfers may occur for financial compensation or as part of a business transaction. 4. Exclusive Agreement: In an exclusive agreement, one joint patent holder assigns their title exclusively to another party, granting them the sole right to exploit and enforce the patent. The assigning party loses all rights and cannot further transfer or license its title to any other entity. 5. Non-Exclusive Agreement: A non-exclusive agreement allows one joint patent holder to assign their title to another party while retaining the right to assign or license the title to additional parties. Both the assigning and assigned parties can independently exploit and enforce the patent, ensuring multiple entities can benefit from its usage. Conclusion: South Carolina recognizes the need for agreements between joint patent holders to ensure a clear and harmonious relationship. In cases where the title of one holder is assigned, different types of agreements, such as assignment agreements, licensing agreements, transfer agreements, exclusive agreements, and non-exclusive agreements, outline the rights and responsibilities of the involved parties. These agreements provide a framework for fair compensation and delineate the extent of control and ownership established by the joint patent holders.

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FAQ

Owners of shared intellectual property agree to share patent rights with both each other and third parties. Alliances, patent pools, and other organizations may choose this route for many reasons, such as finding ways to work around overlapping intellectual property rights.

The ideal solution would be to agree in advance that any new IP created during the course of the collaboration (inventions; designs; copyright; trade marks etc.) will be wholly owned by one of the parties.

Double patenting applies even if the inventor or inventors named in each patent or application are not identical, so long as there is common ownership. If, however, two patent applications owned by different parties claimed the identical invention, the applications might become involved in an interference proceeding.

All kinds of IP can be jointly owned, including copyrights, patents, trademarks, and trade secrets.

US law regarding jointly owned intellectual propertyA patent can be owned jointly if devised jointly by more than one person. As far as US patent law is concerned, the default rule is that each joint owner can utilize or exploit the patent without the permission of the other joint owners.

While it is legal for IP to be jointly owned by more than one entity, and this sometimes seems to be an easy and inexpensive solution to a collaboration, joint ownership of IP can create significant problems and should be avoided whenever possible.

Joint ownership of a patent occurs simply by applying for a patent with other people. Co-inventors don't need to work together or at the same time on an invention. Nor is it necessary that they each make the same type or amount of contribution.

(1) Where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent.

A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.

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South Carolina Agreement between Joint Patent Holders with Title of one Holder Assigned