What is the “one-way rule” for determining inventorship differences?
The “one-way rule” is a key concept in determining inventorship differences for prior art purposes. According to MPEP 2136.04:
“The ‘one-way rule’ is that the inventorship of an application-publication having at least one inventor in common with the patent is different than the inventorship of the patent if the application-publication names at least one inventor who is not named in the patent.”
This rule simplifies the process of determining if there’s a difference in inventive entity, allowing for easier application of the “by another” criterion in 35 U.S.C. 102(e).
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2136.04 - Different Inventive Entity; Meaning Of "By Another",
Patent Law,
Patent Procedure