Protecting Your Patents By Getting Inventorship Right

A patent confers a powerful right to its owner to protect an invention, whether a chemical, a carburetor, an antibody or a television. A company's patent portfolio is one of its highly desired assets, and often exceeds millions of dollars in value. To be patented in the United States or anywhere else, an invention must, at a minimum, be new, useful and non obvious. United States patent law is unique, however, in that it also places considerable importance on correctly naming the inventors of a patented invention. The consequences of getting inventorship wrong can be severe. This article briefly outlines the concept of inventorship, the consequences of improper inventorship determination, and steps for preempting such problems.