Who Is An Inventor in a Patent Application

Posted by Michael Shimokaji | Mar 25, 2014 | 0 Comments

Question: Could my issued patent be jeopardized if I had a “law student “help me re-write my claims during my process with the examiner.

I have an issued patent. During the process with the examiner a law student helped me to re-write some of patent claims. The student wanted no claim to helping write the patent. His name is not on the patent as having been involved in any way. I am now in a conflict with the co-inventor. And, he is raising some question about the law students involvement and how this could jeopardize our respective patent rights.

Answer: An inventor is one who contributes to the conception of the invention as defined in the claims.

An attorney can help an inventor write the claims, but not be an inventor. Likewise, your student who helped write the claims is not necessarily an inventor, but could be if the student fits the above definition.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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