How does Pre-AIA 35 U.S.C. 102(f) affect joint inventorship situations?
How does Pre-AIA 35 U.S.C. 102(f) affect joint inventorship situations? Pre-AIA 35 U.S.C. 102(f) has significant implications for joint inventorship situations. The MPEP states: “If the invention was derived from another, 35 U.S.C. 102(f) precludes issuance of a patent. […] Where there are joint inventors, each inventor need not contribute to every claim of the…
Read MoreWhat is the difference between inventorship and ownership under Pre-AIA 35 U.S.C. 102(f)?
What is the difference between inventorship and ownership under Pre-AIA 35 U.S.C. 102(f)? Under Pre-AIA 35 U.S.C. 102(f), there is an important distinction between inventorship and ownership: Inventorship refers to the person or persons who actually conceived the invention. Ownership refers to the legal rights to the invention, which may be assigned or transferred. The…
Read MoreCan an inventor’s own prior disclosure be used against them under Pre-AIA 35 U.S.C. 102(f)?
Can an inventor’s own prior disclosure be used against them under Pre-AIA 35 U.S.C. 102(f)? Generally, an inventor’s own prior disclosure cannot be used against them under Pre-AIA 35 U.S.C. 102(f). The MPEP clarifies: “Pre-AIA 35 U.S.C. 102(f) applies only to cases where the invention is derived from another. It does not apply to cases…
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