However, factors that could guide an inventorship decision in Australia include: identifying a problem to be solved without providing the solution.Įstablishing inventorship in the positive can be a bit trickier.
actions under the direction of an inventor and. contributions that could have been made by any non-inventive worker. It is often easier to review inventorship from the negative.įor example, factors that do not necessarily constitute material contributions to the inventive concept include: However, irrespective of who owns the invention or what name the application is filed in, you must list any and all inventors as inventors on the application.Ĭlaims to inventorship depend on the quality of the contribution, as opposed to the quantity, and require you to identify the inventive concept (i.e., the “heart” of the invention). Indeed, the inventor will not have rights to the invention if they assign their rights to the person or entity that actually files the patent application of the invention. However, being named as an inventor does not, of itself, give you rights in the patent. When filing a patent application, you must name any person who makes a material contribution to the inventive concept as an inventor. If there is no such contract or agreement, the inventor is the owner of any subsequent legal rights that might be associated with the invention. The inventor of an invention is the owner of the invention, unless there is a written contract or agreement in place that states otherwise. 
Conception refers to the practical application of an idea for an invention. Who Is an Inventor of an Invention or a Patent?įor the purposes of getting patent protection, an inventor is a natural person who contributes to the conception of the invention.
This article discusses when you may and may not own your invention as an inventor. Have you developed or helped to develop an invention? If so, you may not be sure if you have any rights to the invention.
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