Nebraska Assignment - Joint Inventors
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FAQ
An inventor is: A person who conceives the subject matter of at least one claim of the patent. Two or more persons who collaborate to produce the invention through aggregate efforts.
While the inventor who first created the invention historically received priority in the U.S. system, the America Invents Act changed this rule in 2013. Now, the applicant who first files their patent application receives priority.
An oath or declaration must: (1) identify the inventor or joint inventor executing the oath or declaration by their legal name; (2) identify the application to which it is directed; (3) include a statement the person executing the oath or declaration believes the named inventor or joint inventors to be the original ...
Inventorship identifies the creator of an invention whereas ownership recognises the right to possess that invention, namely a proprietary right that prevent others from using their IP. Moreover, the inventor is not necessarily the author.
Who is not an inventor? An individual who was involved in the reduction to practice of an invention, but not the conception, is not an inventor. A department head or dean who did not have any direct role in the making of the invention is not an inventor.
Legally, an inventor is anyone who has contributed to the conception (not the realization) of what is claimed as the invention you wish to protect. So, if an employee conceived of Feature 4, but you only wish to Patent Features 1-3 and 5, the inventor does not need to be listed in the patent application.
A person who shares in the conception of a claimed invention is a joint inventor of that invention.
What's important to understand is that you must include as named inventors anyone who conceived of an invention in any claim ? even dependent claims.
