What is the difference between inventorship and ownership under Pre-AIA 35 U.S.C. 102(f)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Under Pre-AIA 35 U.S.C. 102(f) , there is an important distinction between inventorship and ownership: Inventorship refers to the person or persons who actually conceived the invention. Ownership refers to the legal rights to the invention, which may be assigned or transferred. The MPEP states: “ Inventorship is generally ‘by another’ where there are joint inventors or where the inventive entity of an application is different from the inventive entity of the prior art reference. ” This means that inventorship is determined by who contributed to the conception of the invention, while ownership can be transferred through legal agreements. It’s crucial to understand this difference because Pre-AIA 35 U.S.C. 102(f) is concerned with the proper inventorship of a patent application, not its ownership. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Derivation of Invention Under Pre-AIA 102(f) MPEP 2137 Permitted Correct Inventorship Must Be Named in Patent Application MPEP 2137 Permitted Requirement for Proper Inventorship MPEP 2137 Required Pre-AIA Prior Art Under Section 102(f) Can Be Used in Section 103 Rejections MPEP 2137 Permitted Applicant Must Show Correct Inventorship MPEP 2137 Old Components Do Not Invalidate MPEP 2137 Permitted Derivation Requirement for Post-Effective Date References MPEP 2137 Permitted Derivation Requires Communication of Conception MPEP 2137 Permitted Publication Date and Coauthorship Not Strong Derivation Evidence MPEP 2137 Requirement for Derivation Under Pre-AIA Law MPEP 2137 Other Related FAQs 5 FAQs Collapse What evidence is required to prove derivation under pre-AIA 35 U.S.C. 102(f)? How does derivation affect patent applications u...