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 patent; a contribution to one claim is enough.“

This means that in joint inventorship cases:

• Each inventor must have contributed to the conception of at least one claim in the patent application.
• Not every inventor needs to have contributed to every claim.
• If an individual is named as an inventor but did not actually contribute to the conception of any claim, this could lead to a rejection under 35 U.S.C. 102(f).

It’s crucial for patent applicants to accurately determine and represent joint inventorship to avoid potential issues under Pre-AIA 35 U.S.C. 102(f).

To learn more:

• joint inventorship
• Pre-AIA 35 U.S.C. 102(f)
• patent claims
• invention conception