In the majority of cases, determining who is an inventor and/or
who may own rights in an invention is straightforward.
However, there are some circumstances where the lines are
blurred. In order to avoid unnecessary and costly disputes over
patent inventorship and ownership, it is essential to have a
practical understanding of how patent law in Canada bears on these
issues. Individuals and corporations should take care to protect
their rights to their inventions, whether as inventors, owners or
co-owners. A lax and undocumented approach can result in expensive
litigation and a loss of ownership rights.
Who qualifies as an "inventor"?
The question of identifying at least one "inventor" is
not often complicated. The difficulty arises when assessing whether
others have also contributed to the invention, and are therefore
considered co-inventors. This distinction between an inventor and a
non-inventor is an important one as only an inventor, or the
inventor's legal
