Conceived the initial ideas which defined the research which led to the invention.Generally speaking this may include anyone who: So, once an invention is defined, it is necessary to determine who actually devised it. The inventors are the “actual devisers” of the invention(s) described in the patent application. If there is any doubt about what the invention(s) may be, the matter should be discussed with the patent agent who is drafting the patent application. This can be assessed by comparing experiments, data or ideas disclosed in the patent application with previously published technology. Generally speaking, an invention can be any new product or apparatus, or method or process, which is properly described in the application. This is often referred to as the “heart of the invention(s)”. There are no actual rules laid down in law, but the following is the approach generally applied in the UK.įirstly, it is necessary to define the invention (or inventions) which form the basis of the patent application. The criteria for deciding who should be considered an inventor are quite different to those normally applied to determining authorship of a scientific research paper. Later in the process matters may have become more contentious and relevant evidence may have been lost or forgotten. In some circumstances there may be restrictions on where the first patent application for an invention can be filed depending on where the invention was made – in effect, where the inventors were based at the relevant time.įurthermore, from a practical point of view, it is generally easier to sort out the chain of ownership and any possible ownership disputes at an early stage of the patent application procedure. This will be discussed in more detail below. the USA) the inventorship issue is so important that deliberately falsifying it in a patent application can invalidate any patent resulting from the application.Īccordingly, for any prudent patent applicant, there should be a careful determination of the identity of the inventor(s) for every patent application, followed by careful confirmation that the necessary rights have passed from the inventor(s) to the intended patent applicant.
Knowledge of ownership is also important for ensuring that any priority claim is validly made. It determines ownership of the eventual patent. When filing a patent application, it is therefore important to know which person(s) actually made an inventive contribution to the technology of the patent application. Any person who invents patentable technology is by default entitled to the rights in any patent granted in respect of that technology.
0 kommentar(er)
