Can joint inventors contribute differently to an invention?

Yes, joint inventors can contribute differently to an invention. The MPEP, referencing 35 U.S.C. 116, states that inventors may apply for a patent jointly even if “each did not make the same type or amount of contribution.” The MPEP further elaborates:

“The fact that each of the inventors play a different role and that the contribution of one may not be as great as that of another does not detract from the fact that the invention is joint, if each makes some original contribution, though partial, to the final solution of the problem.”

This means that as long as each inventor contributes to the conception of the invention, the contributions do not need to be equal in type or amount for joint inventorship to apply.

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Topics: MPEP 2100 - Patentability, MPEP 2109.01 - Joint Inventorship, Patent Law, Patent Procedure
Tags: Contribution, Invention Process, joint inventors