What is inventorship with regard to a patent document?
Minneapolis patent attorney Suneel Arora of Schwegman Lundberg & Woessner explains what inventorship is regarding a patent document.
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Inventorship is something that it important to keep in mind as you are going through the invention process. So it’s important to know that in order to file a patent application you have to name who the inventors are. And if you knowingly omit an inventor that can render your issued patent invalid or unenforceable by mispresenting who the actual inventors of the patent application were. So to think about inventorship the important thing to understand about inventorship is that it’s defined by the claims of the invention and it’s defined by who actually conceived of the subject matter of those claims.
So it doesn’t matter who built the invention it’s who came up with the idea that actually is claimed in the invention. Not necessarily just discussed in the patent document but actually recited in the actual claims. And so you can basically have an invention disclosure naming different inventors on it but it’s important from a patent attorney and from the patent applicant standpoint to make sure when they look through the patent document that each of those inventors can be assigned to at least one of those claims in the patent document and each of those inventors actually contributed to the conception of at least one claim in the patent document.