The definition of inventor has become nuanced as the lines between genuine innovation and assistance become blurred. Naming the inventor in a patent application has long been associated
with creativity and active involvement. However, as the world gets smaller, there is a rise in collaborative patents, where contributions across sectors and locations are the norm.
The patent attorneys at Omni Legal Group, experienced in California’s intellectual property laws, can help resolve inventor disputes involving a tiered legal process between the collaborative team and the US Patent and Trademark Office (USPTO).
Who is the Inventor?
The definition of an inventor for a patent application is grounded in theory but applied in the real world, where contributions to a creation are no longer broad. The USPTO defines an inventor as one who “contributes to the conception of the invention” and must be named in the application. In reality, groups of contributors cross over disciplines and locations yet play a significant part in the process from the idea to the practical application.
It is good practice and required by the USPTO to include all parties with a “substantive or significant” role in the creative process. Any misrepresentations in the definition of inventor could render a patent invalid with farreaching legal implications.
The Criteria of an Inventor
By definition, an inventor:
• contributed to the original concept,
• collaborated in the effort, and
• participated in the creative process that led to the invention.
Those involved with the supervision and assistance are not inventors. Gone are the days when the inventors were a group in one lab at one company.
Case law supports the definition of inventors as those who contributed substantial work at different times and not necessarily side by side.
Disputes Under California’s Intellectual Property Laws
Disputes arise when there are conflicts in attributions to an invention and whether contributions were substantive to the process. The implications extend beyond the application form and recognition. There are financial positions regarding royalties and licensing agreements.
Such disputes arise because of:
• ambiguous records,
• innovation teams that complicate the definition of specific contributions, and
• non-compliance.
Inventorship disputes are not rare in California because of its innovation-rich industries, like biotech, technology, and incubator hubs. Logically, California leads the nation in inventorship disputes because most patent applications are initiated from California.
If you are interested in pursuing a patent, it is in your best interest to consult with a highly experienced patent lawyer such as the professionals at the Omni Legal Group.
Omni Legal Group represents clients throughout the greater Los Angeles area, including Beverly Hills, Santa Monica, Culver City, and many others. For further information and/or to schedule a consultation with one of expert patent attorneys in Los Angeles please contact Omni Legal Group at 310.860.2000 or visit www.OmniLegalGroup.com to learn more.