Legal Question in Intellectual Property in Arizona
What does a company own?
I have an aquaintence with a patent. He has opened two companies that perported to represent the patent. He obtained share holders in the companies but the patents remained privately held by him. He then disolved the companies. Does he have to assign the patent to the company for it to have any legal rights to represent the patent? Can he just start and stop companies and take in investors where the company never has any real entitlement to the patent? Or by creating a company and claiming it is related to the patent is there a legal association? Can the company sell manufacturing rights without really owning the patent? -- Thanks Paul
2 Answers from Attorneys
Re: What does a company own?
It's done by licensing usually. I'd need more info and documentation to answer your question.
What is your interest?
Re: What does a company own?
The patent must be assigned (ownership transfered) or licensed for anyone other than the patent holder to make, buy, sell or offer to sell the patented device. Are you sure the patent is still in force? He can bring in investors and disolve the companies if he wants, but there may be some fraud issues if he represented that the patent rights were owned by the company.