Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

c Expand All C Collapse All

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: