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    Who Is (And Is Not) An Inventor?: Stanford University Office of Technology Licensing

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    Dan Danubius
    1) An inventor must have conceived an essential element of the claimed invention, while authorship and inventorship have different criteria. 2) Inventorship is determined by a patent attorney and the correct inventors must be named on the patent application. 3) Faculty and students can potentially be co-inventors if they collaborate and jointly conceive the invention, but general supervision or assistance does not make one an inventor.

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    Who Is (And Is Not) An Inventor?: Stanford University Office of Technology Licensing

    Uploaded by

    Dan Danubius
    52 views2 pages
    1) An inventor must have conceived an essential element of the claimed invention, while authorship and inventorship have different criteria. 2) Inventorship is determined by a patent attorney and the correct inventors must be named on the patent application. 3) Faculty and students can potentially be co-inventors if they collaborate and jointly conceive the invention, but general supervision or assistance does not make one an inventor.

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    1) An inventor must have conceived an essential element of the claimed invention, while authorship and inventorship have different criteria. 2) Inventorship is determined by a patent attorney and the correct inventors must be named on the patent application. 3) Faculty and students can potentially be co-inventors if they collaborate and jointly conceive the invention, but general supervision or assistance does not make one an inventor.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    52 views2 pages

    Who Is (And Is Not) An Inventor?: Stanford University Office of Technology Licensing

    Uploaded by

    Dan Danubius
    1) An inventor must have conceived an essential element of the claimed invention, while authorship and inventorship have different criteria. 2) Inventorship is determined by a patent attorney and the correct inventors must be named on the patent application. 3) Faculty and students can potentially be co-inventors if they collaborate and jointly conceive the invention, but general supervision or assistance does not make one an inventor.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Summary

    An inventor must have


    conceived an essential Stanford University
    element of the invention. Office of Technology Licensing

    Authorship and inventorship


    have different criteria and
    are not equivalent.

    Inventorship is determined
    by a patent attorney.

    Correct inventors must be


    named on the patent. Who is
    (and is not)
    Number of Inventors by
    School
    an Inventor?
    Medicine — 2,611

    Engineering — 2,473

    Humanities &
    Sciences — 889

    Dean of Research — 223


    1705 El Camino Real

    SLAC — 69 Palo Alto, CA 94306


    http://otl.stanford.edu

    Earth Sciences — 29
    Phone: 650-723-0651
    Fax: 650-725-7295 http://otl.stanford.edu

    3/07
    Who is an Inventor? A person who contributed an
    Inventorship vs. Authorship
    extraneous idea while the invention Inventorship should not be confused with
    was being developed, but whose authorship on a scientific publication. The
    idea did not contribute directly to the courts have specifically held that
    Anyone can be an inventor! But not claimed invention is not considered authorship and inventorship have
    everyone can be named on a patent an inventor. different criteria and are not
    application. equivalent.
    It does not matter how brilliant or helpful the idea
    Patent law defines an inventor of is, if it is not directed to the invention as it is being
    a patentable invention as someone claimed in the patent application, the person is Who Determines Inventorship?
    who conceives of an original, not an inventor. Inventorship is determined by a patent
    useful and non-obvious idea.
    attorney or agent, who asks all parties to
    Faculty and Students describe their personal contributions to the
    Who is not an Inventor? claimed invention. Often, the attorney will
    Questions of inventorship can arise when faculty examine notebook pages or other tangible
    An inventor must have conceived (a and students work on a research project. Quite proof of inventorship.
    mental act) an essential element of the often, an invention is co-invented by a faculty and
    invention. a student because they are The correct inventors must be named on a
    collaborating and “conceive of patent or the patent can be invalidated.
    A person who actually made a physical an invention” together. Other Inventorship also confers rights to receive
    embodiment of the invention, however, may times, the faculty alone, or the royalties under Stanford’s patent policy so
    not be inventor, no matter how difficult the student alone, may be deemed there is an economic consequence to being
    reduction to practice was. the inventor. named/not named as an inventor.

    A person who contributed only Often, the faculty has thought of general concepts
    labor and/or the supervision well before the student was ever involved in the
    of routine techniques, but invention. If the student does not contribute
    who did not contribute to the directly to the claimed invention, then the faculty
    concept of one of the could be considered the sole inventor.
    embodiments of the claimed invention is not
    considered an inventor. In other situations, conceiving general concepts
    does not necessarily convey inventor status. If the
    A person is not an inventor if he/she makes student takes a general idea and conceives the
    the invention work by following instructions essential elements necessary to make the
    or does all the experiments with direction invention work, the student could be considered
    from another person. the sole inventor.

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