In the United States, a patent application must include the names of everyone who contributed to the conception of the claimed invention (the “claimed” part is important — you must name all and only the inventors that contributed to the invention of the patent claims). Missing or omitting an inventor—whether unintentionally (bad) or on purpose (super bad)—can seriously jeopardize your patent rights. Below, we explore why accurate inventor listing is essential and what happens if you get it wrong.
1. The Importance of Accurate Inventorship
- Legal Requirement
U.S. law mandates that all true inventors be listed on a patent application. Failing to do so can render a patent invalid or unenforceable if challenged. - Shared Ownership
Each named inventor typically owns an undivided interest in the patent. If you leave someone off, they may still claim rights—sometimes in ways detrimental to your business goals.
2. What If You Forget Someone?
- Honest Mistakes
If you accidentally omit an inventor, you can usually correct the error by filing the proper paperwork with the U.S. Patent and Trademark Office (USPTO). - Hostile Co-Inventors
Leaving out a disgruntled or “hostile” inventor can be problematic. Under U.S. law, any co-inventor can license the patent without permission from the others, which could undermine your exclusivity.
3. Attorneys Adding “Extra” Ideas
- When the Lawyer Invents
Sometimes patent attorneys suggest features or solutions that become part of the invention. If these ideas are genuinely inventive contributions that end up being claimed, the attorney must be named as a co-inventor. Because of the weird professional ethics situation this creates, many patent lawyers seem to ignore the problem. Ignoring it does not make it go away, however. - Potential Pitfalls
Failing to list your attorney—or anyone else who contributed—could lead to disputes or even patent invalidation down the road.
4. Key Takeaways
- List All True Inventors: Make sure that each person who contributed to the conception of at least one claim is named.
- No “Courtesy” Inventors: Don’t add individuals who didn’t actually contribute to the issued claims. Incorrectly listing inventors can be just as problematic as leaving them out.
- Stay Vigilant: Keep track of contributions throughout the development and drafting process.
- Consult Professionals: If you’re unsure who qualifies as an inventor, talk to a knowledgeable patent attorney—just be mindful if they add new concepts themselves!
Want More Details?
Check out the accompanying Innovation Cafe video to hear Gary Shuster’s personal experience and learn more about why correct inventorship matters.
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