Patent Inventorship Lawyers
Why is Inventorship Important?
Inventorship is important because, unless the inventor assigns his rights to another person, only the actual inventor can apply for the patent. So, when you file for a patent, you have to be sure that you know who holds inventorship in the invention.
Who Holds Inventorship in an Invention Created by an Employee?
Usually an employee holds inventorship in his own invention as long as he conceived of it and reduced it to practice on his own. However, there are certain exceptions to this rule:
- Express agreements - Many employers require employees to sign express agreements that require the employee to assign all rights to inventions created by the employee in the course of his employment.
- Implied agreements - Even if there was no written agreement, an employer may own the rights to the invention if the employee was hired to invent such a product or process, or to solve such a problem.
- Shop rights - even if the employee owns the rights to the invention, the employer may have a limited "shop right," meaning that he has the right to use the invention without the consent or payment of the employee. Shop rights usually come up when an employee uses an employer's resources to develop his invention.
Can There be More Than One Inventor?
Patent law does allow for more than one person to apply for the same patent. In fact, if more than one person contributes to the invention, patent law requires that each person be named in the application. However, joint inventorship requires both contribution and collaboration:
- Contribution - Each person must have contributed in some way to the conception or reduction to practice of an invention. It is not enough to simply supply resources or explain an existing concept. Each person must make a contribution that is inventive.
- Collaboration - Each person must be aware of the others¿ contributions and must intend to work together to create the invention.
Each inventor does not have to contribute the same amount or make his contribution at the same time. As long as there is contribution and collaboration, each person is a joint inventor and has the right to exercise any of the patent rights without the consent of the other joint owners.
Do I Need a Patent Attorney?
If you have a question about inventorship and how it pertains to the patent application process, you may want to contact a patent attorney. An experienced patent attorney can explain the complicated patent system to you and can work to protect your rights.
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Last Modified: 07-01-2009 09:18 AM PDT
