What constitutes joint inventorship under U.S. patent law?
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 every claim of the patent
The MPEP states: “A person who shares in the conception of a claimed invention is a joint inventor of that invention.”
This means that contributing to the inventive concept is crucial for joint inventorship.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2109.01 - Joint Inventorship,
Patent Law,
Patent Procedure