inventorship

If your advisor thinks that patent inventorship is just like paper authorship -- subject to the same informal and largely discretionary practices -- she needs to have a talk with the administrative officials at your university who are responsible for patent filings to inform herself about how this shit works.

Feeling Guilty Over Sliced Mangoes Candid Engineer 2009

(I know this shit because I have been involved in inventorship disputes in the past.)

Feeling Guilty Over Sliced Mangoes Candid Engineer 2009

There is a legal definition of inventorship, and if that legal definition is not satisifed -- both in terms of including all proper inventors and not including any who are not proper inventors -- then the enforceability of any patent that issues is at risk.

Feeling Guilty Over Sliced Mangoes Candid Engineer 2009

And just to elaborate a little more, being involved in "initial paperwork" or any other "paperwork" relating to a patent application filing doesn't have fuck-all to do with the legal standard for inventorship.

Feeling Guilty Over Sliced Mangoes Candid Engineer 2009

Also a lot of inventorship disputes, when a collaboration went bad; 2 intra-university, and one suit against HHS/NIH.

Archive 2009-03-01 Rebecca Tushnet 2009

There is a huge amount of subtlety to inventorship law, but to put it in (over) simple terms, only those who participate in coming up with the idea for an invention are proper inventors, even if they do not do participate at all in performing the actual experiments that demonstrate the invention works.

Feeling Guilty Over Sliced Mangoes Candid Engineer 2009

It seems that Baden made this argument so as to avoid a puffery defense on “innovative” alone, but that backed it into a corner on the issue of whether it was alleging that the problem was a false claim of authorship/inventorship.

Archive 2009-02-01 Rebecca Tushnet 2009

Sec. 116 deals with correction of inventorship during the process of patent prosecution as opposed to after the patent has issued, and itreads:

The Volokh Conspiracy » The Lowly Comma, Revisited 2009

The court – correctly, in my view – reads this to mean that there are two kinds of inventorship “errors” that the Commissioner may correct: misjoinder, i.e., naming a person incorrectly as the inventor, and b nonjoinder i.e., failing to name a person as an inventor.

The Volokh Conspiracy » The Lowly Comma, Revisited 2009

While not discussed in Advanced Cardiovascular Systems, pursuant to 35 U.S.C. § 116, correction of inventorship may be accomplished prior to the issuance of a patent by application to the commissioner.

Archive 2008-02-01 Peter Zura 2008