I Want a Piece of That! How the Current Joint Inventorship Laws Deal with Minor Contributions to Inventions

By Christopher McDavid.

After observing a new invention, have you ever muttered to yourself, “Why didn’t I think of that?” Before criticizing your own lack of individual creativity, you should keep in mind that the invention was likely conceived through the collaborative work efforts of many inventors assigned to a research and development (R&D) team. R&D teams drive large companies, a fact which indicates, in part, the tremendous value of collaboration on the path to innovation. Depending upon a company’s business goals, an invention’s commercial value, and the potential for a competitive advantage, among other factors, a company may protect its R&D investments by seeking patents on the innovations of its inventors from the U.S. Patent and Trademark Office (PTO). Inevitably, not all individual contributions to the joint development of an invention will be equal in quality or quantity. The disparity in contributions is especially troublesome when determining who must be designated as an inventor of a particular invention, a determination with lasting implications on many parties.

An application for a patent must be filed at the PTO in the name of the inventor or joint inventors of the invention. This requirement supports the commonsense notion that only the actual inventor(s) of an invention are entitled to a patent.
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