Who can be named as an inventor on a patent application?
According to the Manual of Patent Examining Procedure (MPEP), an inventor must be a natural person. The MPEP states: “35 U.S.C. 100(f) defines the term ‘inventor’ as the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.” This means that only individuals, not companies or…
Read MoreWhat is the definition of joint inventorship?
Joint inventorship occurs when two or more individuals collaborate to create an invention. The MPEP provides guidance on joint inventorship based on 35 U.S.C. 116: “When an invention is made by two or more persons jointly, they shall apply for patent jointly and each make the required oath, except as otherwise provided in this title.…
Read MoreWhat constitutes conception of an invention?
Conception is a critical element in determining inventorship. The MPEP provides guidance on what constitutes conception: “The threshold question in determining inventorship is who conceived the invention. Unless a person contributes to the conception of the invention, he is not an inventor. … Insofar as defining an inventor is concerned, reduction to practice, per se,…
Read MoreHow does U.S. patent law differ from other countries regarding inventorship?
The MPEP highlights a key difference between U.S. patent law and that of other countries regarding inventorship: “The requirement that the applicant for a patent in an application filed before September 16, 2012 be the inventor(s) (except as otherwise provided in pre-AIA 37 CFR 1.41), and that the inventor or each joint inventor be identified…
Read MoreIs reduction to practice necessary to be considered an inventor?
According to the MPEP, reduction to practice is generally not required to be considered an inventor. The focus is on conception of the invention. The MPEP states: “Difficulties arise in separating members of a team effort, where each member of the team has contributed something, into those members that actually contributed to the conception of…
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