In patent law, an inventor is the person, or persons in United States patent law, who contribute to the claims of a patentable invention. In some patent law frameworks, however, such as in the European Patent Convention (EPC) and its case law, no explicit, accurate definition of who exactly is an inventor is provided. The definition may slightly vary from one European country to another. Inventorship is generally not considered to be a patentability criterion under European patent law.
Under U.S. case law, an inventor is the one with "intellectual domination" over the inventive process, and not merely one who assists in its reduction to practice. Since inventorship relates to the claims in a patent application, knowing who an inventor is under the patent law is sometimes difficult. In fact, inventorship can change during the prosecution of a patent application as claims are deleted or amended.
"Joint inventors", or "co-inventors", exist when a patentable invention is the result of inventive work of more than one inventor. Joint inventors exist even where one inventor contributed a majority of the work.
Absent a contract or license, the inventors are individuals who own the rights in an issued patent. Status as an inventor dramatically alters parties' ability to capitalize on the invention.
Under the European Patent Convention (EPC), identifying the inventor of a given invention is theoretically very important since "[t]he right to a European patent (...) belong[s] to the inventor or his successor in title", according to the . In practice however, the European Patent Office (EPO) never investigates whether the proposed inventor is indeed the true inventor. Indeed, "[f]or the purposes of proceedings before the [EPO], the applicant shall be deemed to be entitled to exercise the right to the European patent".
Court actions relating to the entitlement to the grant of a European patent must be brought before the national court which has the jurisdiction.
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This course will cover all the aspects of product design and system engineering from learning relevant methods to the actual implementation in a hands-on practice of product development.
This is a collection of lectures on "structured innovation systems," codified approaches to stimulating and managing the process of innovation. Some of the systems to be covered may be Design Thinking
This is a list of legal terms relating to patents and patent law. A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or his successor in rights in exchange to a public disclosure of the invention. The reply of an applicant to an office action must be made within a prescribed time limit.
In a patent or patent application, the claims define in technical terms the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define which subject-matter is protected by the patent (or sought to be protected by the patent application). This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability.
Novelty is one of the patentability requirement for a patent claim, whose purpose is to prevent issuing patents on known things, i.e. to prevent public knowledge from being taken away from the public domain. An invention is anticipated (i.e. not new) and therefore not patentable if it was known to the public before the priority date of the patent application. Although the concept of "novelty" in patent law appears simple and self-explanatory, this view is very far from reality.
Explores non-patent strategies for IP management, including defensive publication, trademarks, copyrights, and trade secrets, emphasizing alignment with business goals.
Description (through texts, images, models or samples) played a central role in the patent regimes that emerged in the eighteenth century, first in England, later in the United States and in France. Description ensured that the contract—protection in excha ...
Inventor disambiguation is an increasingly important issue for users of patent data. We propose and test a number of refinements to the original Massacrator algorithm, originally proposed by Lissoni et al. (The keins database on academic inventors: methodo ...