What 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.…

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How 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…

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How should patent examiners handle unfamiliar subject matter during searches?

When patent examiners encounter unfamiliar subject matter during searches, they should seek guidance from colleagues. The MPEP 904.02(a) advises: “The examiner should consult with other examiners and/or supervisory patent examiners, especially with regard to applications covering subject matter unfamiliar to the examiner.” This collaborative approach ensures that examiners can leverage the expertise of their colleagues…

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Can diligence be established through the work of others?

Yes, diligence can be established through the work of others, provided that the inventor has been diligent in overseeing and directing their efforts. The MPEP 715.07(a) states: ‘Work relied upon to show reasonable diligence must be that of the inventor or joint inventors or persons acting on his or her behalf.’ This means that: The…

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