What is a derivation proceeding and how does it relate to improper naming of inventors?
A derivation proceeding is a legal process used to determine the true inventor(s) of a claimed invention when there is a dispute about inventorship. MPEP 2157 mentions derivation proceedings in the context of improper naming of inventors: “A situation in which an application names a person who is not the actual inventor as the inventor…
Read MoreHow are inventorship disputes resolved in joint inventor situations?
How are inventorship disputes resolved in joint inventor situations? Inventorship disputes in joint inventor situations can be complex and may require legal intervention. While the MPEP 602.09 doesn’t provide a specific resolution process, it emphasizes the importance of proper inventorship: “The inventors named in a nonprovisional application must execute an oath or declaration… All named…
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