How much collaboration is required for joint inventorship?

While joint inventors don’t need to work together physically or simultaneously, there must be some level of collaboration or connection. The MPEP cites the case Kimberly-Clark Corp. v. Procter & Gamble Distrib. Co., which states:

“For persons to be joint inventors under Section 116, there must be some element of joint behavior, such as collaboration or working under common direction, one inventor seeing a relevant report and building upon it or hearing another’s suggestion at a meeting.”

This indicates that complete isolation or unawareness of each other’s work is not sufficient for joint inventorship. Some form of collaborative effort or shared knowledge is necessary.

To learn more:

• collaboration
• joint inventorship
• patent law
• invention process