Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (2)
Joint inventorship occurs when an invention is made by two or more persons jointly. According to 35 U.S.C. 116, joint inventors can apply for a patent even if:
- They did not physically work together or at the same time
- Each did not make the same type or amount of contribution
- Each did not contribute to every claim of the patent
The MPEP states: “A person who shares in the conception of a claimed invention is a joint inventor of that invention.”
This means that contributing to the inventive concept is crucial for joint inventorship.
To learn more:
While joint inventors don’t need to work together physically or simultaneously, there must be some level of collaboration or connection. The MPEP cites the case Kimberly-Clark Corp. v. Procter & Gamble Distrib. Co., which states:
“For persons to be joint inventors under Section 116, there must be some element of joint behavior, such as collaboration or working under common direction, one inventor seeing a relevant report and building upon it or hearing another’s suggestion at a meeting.”
This indicates that complete isolation or unawareness of each other’s work is not sufficient for joint inventorship. Some form of collaborative effort or shared knowledge is necessary.
To learn more:
MPEP 2109.01 – Joint Inventorship (2)
Joint inventorship occurs when an invention is made by two or more persons jointly. According to 35 U.S.C. 116, joint inventors can apply for a patent even if:
- They did not physically work together or at the same time
- Each did not make the same type or amount of contribution
- Each did not contribute to every claim of the patent
The MPEP states: “A person who shares in the conception of a claimed invention is a joint inventor of that invention.”
This means that contributing to the inventive concept is crucial for joint inventorship.
To learn more:
While joint inventors don’t need to work together physically or simultaneously, there must be some level of collaboration or connection. The MPEP cites the case Kimberly-Clark Corp. v. Procter & Gamble Distrib. Co., which states:
“For persons to be joint inventors under Section 116, there must be some element of joint behavior, such as collaboration or working under common direction, one inventor seeing a relevant report and building upon it or hearing another’s suggestion at a meeting.”
This indicates that complete isolation or unawareness of each other’s work is not sufficient for joint inventorship. Some form of collaborative effort or shared knowledge is necessary.
To learn more:
Patent Law (2)
Joint inventorship occurs when an invention is made by two or more persons jointly. According to 35 U.S.C. 116, joint inventors can apply for a patent even if:
- They did not physically work together or at the same time
- Each did not make the same type or amount of contribution
- Each did not contribute to every claim of the patent
The MPEP states: “A person who shares in the conception of a claimed invention is a joint inventor of that invention.”
This means that contributing to the inventive concept is crucial for joint inventorship.
To learn more:
While joint inventors don’t need to work together physically or simultaneously, there must be some level of collaboration or connection. The MPEP cites the case Kimberly-Clark Corp. v. Procter & Gamble Distrib. Co., which states:
“For persons to be joint inventors under Section 116, there must be some element of joint behavior, such as collaboration or working under common direction, one inventor seeing a relevant report and building upon it or hearing another’s suggestion at a meeting.”
This indicates that complete isolation or unawareness of each other’s work is not sufficient for joint inventorship. Some form of collaborative effort or shared knowledge is necessary.
To learn more:
Patent Procedure (2)
Joint inventorship occurs when an invention is made by two or more persons jointly. According to 35 U.S.C. 116, joint inventors can apply for a patent even if:
- They did not physically work together or at the same time
- Each did not make the same type or amount of contribution
- Each did not contribute to every claim of the patent
The MPEP states: “A person who shares in the conception of a claimed invention is a joint inventor of that invention.”
This means that contributing to the inventive concept is crucial for joint inventorship.
To learn more:
While joint inventors don’t need to work together physically or simultaneously, there must be some level of collaboration or connection. The MPEP cites the case Kimberly-Clark Corp. v. Procter & Gamble Distrib. Co., which states:
“For persons to be joint inventors under Section 116, there must be some element of joint behavior, such as collaboration or working under common direction, one inventor seeing a relevant report and building upon it or hearing another’s suggestion at a meeting.”
This indicates that complete isolation or unawareness of each other’s work is not sufficient for joint inventorship. Some form of collaborative effort or shared knowledge is necessary.
To learn more: