How should inventorship be determined for a patent application?
How should inventorship be determined for a patent application?
Determining inventorship for a patent application is a critical step that requires careful consideration. Here’s how it should be approached:
- Inventorship is determined based on the subject matter of the claims.
- Each person who contributed to the conception of at least one claim should be listed as an inventor.
- Merely following instructions or assisting in reduction to practice does not qualify one as an inventor.
The MPEP 2137 states:
“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.”
It’s important to note that inventorship can change during the prosecution of the application if claims are amended or canceled. Applicants should consult with a patent attorney to ensure proper determination of inventorship.
To learn more:
Topics:
Patent Law,
Patent Procedure