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Archived updates for Tuesday, November 27, 2007

Gattari on What Inventorship Is Not

According to "Determining Inventorship for US Patent Applications," by Patrick Gattari, the following points should help in an inventorship determination:

An inventor is:

• A person who conceives the subject matter of at least one claim of the patent.
• Two or more persons who collaborate to produce the invention through aggregate efforts.


An inventor is not:

• Someone whose only contribution is reducing an invention to practice by exercising ordinary skill in theart.
• A technician who simply performs experiments or assembles the invention.
• The supervisor or department manager of the person who conceived the invention.
• Someone whose only contribution is an obvious element to the invention.
• Someone whose only contribution is participation in consultations about the invention before or after conception of the invention.
• A person who only conceives of the result to be obtained but not the idea of how to achieve it.
• A person who only discovers the problem (unless he contributes to the solution).
• A person who merely provides a suggestion or improvement but who does not
work to fit the suggestion or improvement into the invention.
• A second inventor of the subject matter of the invention who did not collaborate with a first inventor ofthe subject matter of the invention.

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1 Comments:

Anonymous Anonymous said...

I take issue with these:
• A person who merely provides a suggestion or improvement but who does not
work to fit the suggestion or improvement into the invention.

• Someone whose only contribution is an obvious element to the invention.

If the application claims the elements above, the person should be an inventor.

November 26, 2007 7:44 PM  

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