The short answer is that anyone who contributes to the conception of at least one claim in a patent application may qualify as an inventor. Claims are found at the end of a patent application or issued patent, and they define the meets and bounds of a single invention. 

More than one individual may contribute to the subject matter of the claims, opening the door to the possibility of one or more joint inventors named in a patent application. An invention is established as soon as it's reduced to practice, that is, for instance, whether by production of a prototype or through the filing of a patent application. Those who merely contribute to reducing the invention to practice (and not the idea of the invention itself) are not rightfully inventors. Consequently, technicians performing the following are not rightful inventors:

• Those working at the direction of an inventor;
• Those running tests on a working model, including the invention;
• Those helping to reduce the invention to practice without contributing to the conception of the invention; and
• Those who merely supervise employee inventor(s).

Reflecting the correct inventorship in an issued patent can be very important. Reflecting the wrong inventorship in a patent can possibly lead to allegations of fraud and make the patent unenforceable.

Should claims in a patent application change so that a previously named inventor's contribution is no longer reflected in any claim, then the inventorship of the application should be changed prior to that patent application issuing as a patent so as to ensure that it reflects the correct inventorship.

Lastly, while a company may be assigned invention rights and serve as an applicant applying for a patent at the United States Patent and Trademark Office, only a human being can be named as an inventor. Therefore, under current law, artificial intelligence (AI) used to help generate an inventive concept is merely considered a tool of a human inventor. 

How We Can Help

Gallium Law has significant experience working with inventors to patent their ideas. We would be happy to assist you in strengthening your patent portfolio and increasing the value of your business. Please call us at 651-256-9480 or fill out this Contact Form to speak with us before it's too late.

*The information provided in this article is not legal advice, and should not be relied on as such. The content of this article is for informational purposes only, and is meant as a starting point on your search for answers to your legal questions.