Legal Vs. Equitable Title Patent

Equitable title may have to be confirmed by a court of law.

Legal and equitable title owners to a patent are both individuals who have an arguable interest in the patent. Although the patent is legally held in one person or entity's name, an equitable owner may be someone who helped develop it as well.

Legal Title

The term "legal title" refers to the person who officially owns a patent. This is the name on the patent documents filed with the U.S. Patent Office.

Equitable Title

An equitable title owner is someone who is not found on the patent ownership documents but has a claim in equity to the title of the patent. An equity claim is based in fairness and is determined by what is considered reasonable and objective.

Determining Equitable Title

If someone believes they share in the ownership of a patent due to equity, they will need to go through the court system to have that interest confirmed with a court order.

References

• Quizlaw: What Is the Difference Between Legal Title and Equitable Title?
• PatentlyO: Formalism at the CAFC: Equitable Plea for Revival is Rejected