Can the actions of a non-inventor contribute to reduction to practice?

Yes, under certain circumstances, the actions of a non-inventor can contribute to reduction to practice through a concept known as “inurement.” Inurement allows the acts of another person to accrue to the benefit of the inventor.

According to MPEP 2138.05, for a non-inventor’s recognition of the utility of the invention to inure to the benefit of the inventor, a three-prong test must be met:

1. The inventor must have conceived of the invention.
2. The inventor must have had an expectation that the embodiment tested would work for the intended purpose of the invention.
3. The inventor must have submitted the embodiment for testing for the intended purpose of the invention.

It’s important to note that mere construction or testing by another person is not sufficient. The inventor must have been involved in the process and had the expectation of success for the intended purpose.

To learn more:

• inurement
• non-inventor actions
• reduction to practice
• conception
• testing