The Muddy Collaboration Element Of Joint Inventorship

Law360 (September 20, 2010, 2:24 PM EDT) -- The Patent Statute provides that two or more people can be joint inventors on a patent covering subject matter they invented jointly even if: (1) they did not physically work together or at the same time; (2) each did not make the same type or amount of contribution; and (3) each did not make a contribution to the subject matter of every claim of the patent.[1] The U.S. Court of Appeals for the Federal Circuit has interpreted this to require that a joint inventor must contribute in some significant manner to the claimed invention[2] and that he must work "jointly" with or collaborate with the other inventor.[3]...

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