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Updated: Apr 5, 2026

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Inventorship and Authorship.

Antoinette F Konski1, Linda X Wu1

  • 1Foley and Lardner LLP, Palo Alto, California 94304-1013.

Cold Spring Harbor Perspectives in Medicine
|August 9, 2015
PubMed
Summary
This summary is machine-generated.

Inventorship, not authorship, determines U.S. patent ownership. Correctly naming inventors is crucial for patent enforceability, requiring an intellectual contribution to a claimed invention element.

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Area of Science:

  • Intellectual Property Law
  • Patent Law
  • Innovation Management

Background:

  • U.S. patent ownership is legally tied to inventorship.
  • Accurate identification of inventors is critical for patent validity and enforceability.
  • Misnaming inventors can invalidate a patent.

Purpose of the Study:

  • To clarify the legal definition of inventorship in U.S. patent law.
  • To distinguish inventorship from authorship in scientific publications.
  • To emphasize the importance of correct inventor designation for patent protection.

Main Methods:

  • Analysis of U.S. patent law statutes and case precedents.
  • Comparison of inventorship criteria with authorship criteria in research publications.
  • Review of legal implications of incorrect inventor naming.

Main Results:

  • Inventorship requires a direct intellectual contribution to at least one element of a patent claim.
  • Authorship on a publication may be based on broader research contributions, not necessarily patentable inventorship.
  • Failure to correctly name inventors can render a U.S. patent unenforceable.

Conclusions:

  • Inventorship is a specific legal standard distinct from scientific authorship.
  • Adherence to inventorship criteria is essential for securing and maintaining U.S. patent rights.
  • Proper inventor identification safeguards the integrity and enforceability of patented inventions.