If an individual filed a Patent application, we have to ask, “who is the Inventor?” The answer can be confusing. The results are terrible if you are wrong. In the end the Patent may be lost.
Who Can Own A Patent?
What will it take for the inventor then? The big question is what do you think?
There are a good number of patents generally distributed according to the claims. So you need to look at each of the claims and determine who invented the invention. There may be cases where different inventors have devised different parts of the invention in different claims.
What’s important to understand is that as nominating inventors, you must include everyone who has made an invention in a claim, even dependent.
A Simple Definition
Here is an easier way to determine who proposed a specific claim: the one who invented the whole invention (it could be several people) and who did not have to experiment or consult with experts.
This gives you something to work on more clearly when you ask the question “Who are the inventors?” Try to answer. You want to know who invented what is described in a specific claim and who invented it so that no further experimentation or expert opinion is necessary.
Of course, you need to talk to your lawyer, but that will give you an idea of the answer.
Now One Last Tip
A co-inventor is not someone who simply helps the actual inventor after the invention. Anyone who gives the inventor only known principles, or explains the state of the art to him without ever having “a solid and definitive idea” of the claimed combination as a whole, cannot be considered a co-inventor.
Furthermore, depending on the scope of a patent claim, a person skilled in the art who simply applies the inventor’s idea is not necessarily a co-inventor, although the description reveals that this embodiment is important. .
Take It Away
There are special requirements for determining who should be called the inventor of a patent. The answer is difficult, but when you consider who was involved in the entire invention, to the point where no further experimentation or expert advice was required, you are very close.