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12. The Complexities of Determining Inventorship
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Who is an inventor when it comes to a patent? Can there be multiple inventors? What rights do they have? These questions will be answered in this insightful episode of Patent Pending Made Simple, where our hosts, Jamie Brophy and Samar Shah, delve into the intricacies of inventorship claims and their implications in the realm of patent applications and legal protections.
Summary
In this episode, Jamie Brophy and Samar Shah discuss the topic of inventorship. They explain that an inventor is anyone who helped come up with the idea behind a patent and, specifically, anyone who helped come up with the idea written in the claims. They also discuss the importance of understanding inventorship from a legal perspective, as the person who came up with the invention is presumed to have ownership of the invention. They highlight the need to carefully review employment agreements, as many of them state that any inventions made during the course of employment belong to the company. They also discuss the complexities of determining inventorship and the importance of including all potential inventors to avoid future legal issues. Finally, they mention the additional obligations and paperwork that arise when multiple inventors are involved.
Takeaways
An inventor is anyone who helped develop the idea behind a patent, specifically the idea written in the claims.
Understanding inventorship from a legal perspective is important, as the person who invented the invention is presumed to own it.
Employment agreements often state that any inventions made during the course of employment belong to the company, so it is important to review these agreements carefully.
Including all potential inventors is recommended to avoid future legal issues and ensure the patent's validity.
When there are multiple inventors, additional obligations and paperwork regarding ownership may arise.
Chapters
00:00 Understanding Inventorship
02:28 Ownership of Inventions in Different Countries
03:54 Importance of Determining Co-Inventors' Responsibilities
06:44 Analyzing Inventorship on a Claim-by-Claim Basis
10:33 Including Potential Inventors to Avoid Legal Issues
13:23 Additional Obligations and Paperwork with Multiple Inventors
13 episodes
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