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Tag: inventorship

Employees Who Assign Patent Rights to Employers May Have Standing to Challenge Omission as Inventors

Employers do not automatically obtain legal ownership of the patent rights to their employees’ inventions simply because of the employer-employee relationship.  Thus, it is a standard practice to require employees to assign their patent rights to their employers in an employment agreement.  This practice raises the following question: Can an employee (or ex-employee) file an…

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Correcting the Stated Inventorship on a U.S. Patent or Application

  The law of inventorship is not too difficult to state but can be very difficult to apply in practice.  In general, only those individuals who contributed to the conception of the claimed invention in a patent should be named as inventors.  However, this often raises questions about what the nature of the “contribution” should…

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