What constitutes joint inventorship under U.S. patent law?
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…
Read MoreHow does prior publication affect joint inventorship?
Prior publication of a joint inventor’s contribution does not necessarily negate joint inventorship. The MPEP cites the case Dana-Farber Cancer Inst., Inc. v. Ono Pharm. Co., which states: “[A] collaborative enterprise is not negated by a joint inventor disclosing ideas less than the total invention to others, especially when, as here, the collaborators had worked…
Read MoreCan joint inventors contribute differently to an invention?
Yes, joint inventors can contribute differently to an invention. The MPEP, referencing 35 U.S.C. 116, states that inventors may apply for a patent jointly even if “each did not make the same type or amount of contribution.” The MPEP further elaborates: “The fact that each of the inventors play a different role and that the…
Read MoreDo joint inventors need to contribute to every claim in a patent?
No, joint inventors do not need to contribute to every claim in a patent. The MPEP clearly states: “A joint inventor or coinventor need not make a contribution to every claim of a patent; a contribution to one claim is enough.” Furthermore, the MPEP explains that “there is no requirement that all the inventors be…
Read MoreWhat happens if a joint inventor refuses to join a patent application?
If a joint inventor refuses to join a patent application, the law provides a solution. According to 35 U.S.C. 116(b): “If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, the application may be made by the other inventor on behalf of himself and…
Read MoreHow much collaboration is required for joint inventorship?
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…
Read More