can anyone under the age of 18 patent some idea or products in his name?

Question

i want to know if under 18 can patent in their name

Answer 1

I want to be clear what "patent in their name" really means. There are two types of names on a patent, one is the inventor of the patent, who by law must be the person, or persons, who invented the item being claimed by the patent. The second type of name is the assignee, who is the legal owner of the property right covered by the patent.

The answer to the question of being an inventor is fairly straightforward. Any person can be a named inventor on a patent. Legal age is not a consideration for being an inventor. The only requirement is that they *must* have been an actual inventor. If it could be proved that one of the named inventors was not actually involved in the creation of the invention, the patent could be held to be unenforceable. Minors are often named inventors on patents and there is even a business "By Kids, For Kids" that specializes in inventions by minors.

Being an assignee or ownership of the patent is another totally separate idea. It is actually the ownership of property right. It is often fine for a minor to own property but the actual legal rights associated with the ownership is often conferred to their legal guardian or parent. Some states bar a minor from entering in a contract or legal agreement without guardian permission, and this would likely guide the ability to own the patent.

So to summarize, inventorship on a patent by a minor is fine, ownership is probably not.

Answer 2

I couldn't find anything specific to patents but here's what the USPTO says about trademarks:

"This depends upon state law. If the person can validly enter into binding legal obligations in the state, then that person may sign a trademark application. Otherwise, a parent or legal guardian must sign the application, clearly setting forth their status as a parent or legal guardian of the applicant."

While this is specific to trademarks, the same agency governs both. To be on the safe side, I suggest giving them a call:

Call 800-786-9199 (IN USA OR CANADA) or 571-272-1000

Press 2 for patent information and assistance

Hope that helps!

Answer 3

nope. Your not technically or legally able to own anything before the age of 18. Also patents cost money to file.... alot of money for lawyers and fees. Hope you have the money.

An about the kid that came up with the paint can. What probably happened was the bought the idea from him and patent it them self. A minor can not legally be binded to any contract.

Answer 4

Hey sorry I'm 18, but I thought I'd still answer. I started smoking when I was 13 or 14 and quit when I was 15 or 16. I was with a different group of friends when i smoked and didn't smoke, I guess that influenced me alot. A lot of them smoked cause they're parents or siblings did. Also I had a lot of older friends who smoked as well. None of my family smoke though and when I started dating my bf, he hated the smell so I quit. Now that I've turned 18, I social smoke when I'm out drinking. I don't know why, but it seems like a good idea at the time lol. I can't stand the smell when I'm sober.

Answer 5

Yes you can- I remember one young lad in the 4th grade about 20 years ago who invented the idea of putting paint in a bag, then putting in the marble to stir the paint, then the bag was placed in a can- then air was pumped into the spray can between the steel liner and the bag, pressurizing it so it could be used instead of mixing dangerous propellents with the paint.

A paint company gave him a full 4 years scholarship besides paying for his patent

Answer 6

If you can't, try getting a parent, professor, or family member to patent iut under their name. I think when you turn 18, they can turn the patent over to you. I believe it will cost money, though.

Answer 7

I don't see why not. Call or visit the US patent office web site and find out for sure

Answer 8

lemme ask my dad.....he said you don;t have to be any certain age. contact him. he is a patent agent.