The Effect Of Listing An Improper Inventor On A Patent Application
An inventor is someone that has had some sort of input into a claim that is listed in a patent application. If an improper inventor is listed on a patent application, then the patent that may eventually issue may be invalidated. This is also the case when not all of the inventors are listed on the patent application.
Nothing conjures memories of law school like writing a case brief (with the possible exception of an emergency root canal). Nonetheless, the judicial bar fight that is the Federal Circuit en banc decision in CLS Bank v. Alice Corp inspires me to dust off my case briefing skills, starting with Judge Lourie’s plurality concurrence as joined by Judges Dyk, […]
It is important for a patent application to list the proper inventors. An inventor is not just someone that you want to put on a patent application, but must be someone that contributed in some way to at least one claim in the patent application.
By: Mark R. Malek This concludes the series of articles that I have been writing on entity status in the United States Patent Office. The first article introduced the new micro-entity status. The next article gave some background information on what would happen if you claimed the wrong entity status before the USPTO, and the latest […]
By: Mark R. Malek As you may recall, my last couple of articles have been about the different statuses that an inventor can claim when paying fees to the United States Patent and Trademark Office (USPTO). The first of these series of articles was an introduction to the micro-entity status, which allows inventors that qualify as […]
The short answer is Yes. An inventor is granted a one year grace period where their disclosure is not considered prior art for their invention. However, posting an App without first obtaining any patent protection is a risky proposition. Previously, the law followed a first to invent system. This means that if an inventor could […]
By: Mark R. Malek As many of you may know, the United States Patent System recently went through a little transformation on March 15, 2013. The biggest and most public of these transformations was the transition from a first to invent system to a first to file system (more on that later). One thing that […]
By: Mark R. Malek My last article provided a brief overview of the patent system. I also wrote another article about why patents are somewhat important. This prompted me to reflect on my typical conversations with potential clients, and the questions that generally arise as to the different types of patents. This article will attempt to […]
By: Mark R. Malek In my previous article, I indicated that a patent is important to protect the rights of innovators and to encourage them to continue to innovate. This is done by providing a patent holder with an exclusive right to exclude others from making, using, selling, or offering to sell the invention that is […]
By: Mark R. Malek I am sure everyone has starved themselves to the point of near collapse in anticipation of the Thanksgiving Holiday Weekend. For the sake of showing that the Patent world is very in touch with the holiday season, we would like to share with you some Thanksgiving related patents that we came […]
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