What are the requirements for joint inventorship under 35 U.S.C. 116?
According to 35 U.S.C. 116, joint inventors can apply for a patent jointly 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 every claim of the patent
The MPEP states: 35 U.S.C. 116 recognizes the realities of modern team research. A research project may include many inventions. Some inventions may have contributions made by individuals who are not involved in other, related inventions.
This reflects the flexibility in recognizing joint inventorship in collaborative research environments.
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Topics:
Patent Law,
Patent Procedure