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co-inventor
Posted by Anonymous . updated on 2/26/2009
Hi,
My question is on who really qualifies as a co-inventor. Actually, I came up with a problem
that we normally face and after initial analysis, I included another colleague of mine for
discussions. During discussions, this colleague of mine gave lot of inputs about the problem
itself and the solution. In my opinion (ethically speaking), this colleague of mine was equally
responsible for the invention. But its tough for me to partition the work and show that I worked
on X part and he on Y. From a legal standpoint, is there a risk that he cannot be a included as
a co-inventor?
Regards
Answers (1)
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Bill Ri...
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Working for a large national research lab, I've had a great deal of experience in this area. Unfortunately, it is very fact-specific and you'll never get a reliable answer in a public forum such as this. Another consideration is that it's the job of the patent attorney to determine inventorship based upon the facts of the case.
The risk of not including an inventor in the patent is that it might rise to the level of inequitable conduct and the patent could be declared unenforceable.
Finally, it's not necessary to partition the work. Collaboration can work . . . but . . . it's fact-specific.
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