Patents are granted only to the true inventor. However, patents (and applications) may be assigned to another individual or to a business or other legal entity.
Who is the "true inventor"?
The true inventor of an invention is the person who actually creates the physical working model. If the invention was a group effort, than everyone in that group holds equal rights to the invention. A true inventor is also the creator of a completely novel invention. This means that the working invention you have created has never been made before and does not exist in the patent database.
My great-grandfather was the true inventor, but he died before his patent application was finalized. Does he still have a patent?
Patents, like other forms of intellectual property, are considered actual physical property. This means that they will transfer to an inventor’s estate at the time of their death. If the form itself was in process when the inventor dies, then the form will also transfer into the person’s estate and will be distributed based on the inventor’s will or intestacy law.
I am working for an engineering firm and used their facilities to create my invention. Do I still own the patent?
The simple answer is that it depends. If you were making the invention for your employer and they were paying you for your time, then it is most likely their invention. Typically many engineering businesses will ask employees to sign a waiver of their inventions before they ever start a project. If you used the employer’s equipment and supplies to build the invention but it was not intended for the business, it will still be their property because you built it out of property already belonging to the business. If you simply built upon research from your job, but built the invention at home without any property from your job, then you may be able to patent the invention yourself. If you are in doubt as to the ownership of a patent, contact a patent attorney.