I’m putting this into GQ because I feel there are probably specific legal or accounting answers to the question.
I am starting an LLC (just me) and at the same time about to start filing for a patent viz. getting the provisional and spend the next year getting a lawyer to make it pretty enough for the patent office. Now these are two independent ventures but there is some overlap of the two. Think something like making an online game while getting a software patent for something that tracks player data.* Who should own the patent? I can see an advantage in the LLC owning it but let’s say I want to sell the game but keep the patent? Wouldn’t it make more sense to keep them separate?
*Of course this is not exactly it but the analogy works.
I think this would have the additional benefit of keeping clear ownership of the patent if the company closes; if it’s bought at some point the new owners still need to pay you for the licenses.
I didn’t read your post or any of the replies but if there could ever be any possibility of litigation for liability or any other reason you want it under you LLC.
My knowledge may be out of date, but I recall that patents can only be issued to individuals (and then sold or licensed to corporate entities). That is, GM can’t file a patent… but an engineer working for them can, even if his job terms mean the patent becomes company property.
Patent Examiner for the European Patent Office here.
Take my opinion for what it is – that is, an opinion. I am much more of an expert in the field of actual examination of patents than on the field of juridical ramifications of who owns what.
First of all, a question: Where do you intend to file your patent? USPTO? EPO? UK Patent Office? This is somewhat important when it comes to deciding what is more convenient for you.
In the EPO, when you file, you always give the name of the inventor and the name of the applicant. They can be the same or different. Usually they are different – The applicant normally is a company, and the inventor is, well, the guy from that company who invented the stuff. The owner of the (eventually) granted patent will be the applicant.
In my opinion – if your company is a small one, and the idea for your invention came to you before the company existed, and if you think you will perhaps get rid of your company by selling it somebody else… Then keep the patent in your name.
However, if you think that you might go on with the company, make it grow and keep it under your control for some time… Then apply for the patent in the name of your company. This is one of the things that add quite some value to a company.
Again – I am not a patent lawyer; I am but a patent examiner, and I am not particularly comfortable with my knowledge when it comes to dealing with the potential legal consequences of patent ownership.