Intellectual Property
Sep. 16, 2002
Inventorship Decision Requires Claim Construction
Focus Column - By Elizabeth E. Launer - The concept of joint inventorship, where two or more people make a single patentable invention, has been called "one of the muddiest concepts in the muddy metaphysics of the patent law." Mueller Brass Co. v. Reading Indus., 352 F. Supp. 1357 (E.D. Pa. 1972), aff'd, 487 F.2d 1395 (3d Cir. 1973). Lacking a bright-line test, litigators, patent attorneys and the federal courts all have struggled to identify the correct joint inventors.
By Elizabeth E. Launer
The concept of joint inventorship, where two or more people make a single patentable invention, has been called "one of the muddiest concepts in the muddy metaphy...
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