How 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 inventors must be named in the executed oath or declaration.”
To resolve inventorship disputes:
- Parties should first attempt to reach an agreement among themselves
- If unsuccessful, they may need to seek legal counsel
- The USPTO may require evidence or a court order to make inventorship changes
- In some cases, the matter may need to be resolved in federal court
It’s crucial to resolve these disputes promptly, as incorrect inventorship can invalidate a patent. If a dispute arises, it’s advisable to consult with a patent attorney to navigate the resolution process properly.
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Topics:
Patent Law,
Patent Procedure