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What constitutes joint inventorship under U.S. patent law?

By russ.krajec@blueironip.com | September 30, 2024

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…

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Can joint inventors contribute differently to an invention?

By russ.krajec@blueironip.com | September 30, 2024

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…

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Do joint inventors need to contribute to every claim in a patent?

By russ.krajec@blueironip.com | September 30, 2024

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…

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