The Legal Blog

Hi, I'm RANDI.

I'm a BUSINESS ATTORNEY

I help my clients secure their business success by providing easy to understand legal guidance in a supportive environment, so they can focus on achieving their full potential.  

About RANDI

SEARCH BY Category

agreements

business formation

business operations

coronavirus

intellectual property

MINDSET

social media

Can A Corporation be a Patent Inventor?

corporation patent inventor

share this article:

A few weeks ago, I published a post about Artificial Intelligence Patent Inventors, which reported that three patent offices declined patent inventorship to an AI inventor.

Recently, a client asked me whether a corporation qualifies as a patent inventor. 

Great question.  

Just like AI, corporations cannot be patent inventors.

Patent Inventors

inventor

A patent inventor contributes intellectually to an invention.  In other words, an inventor contributes to the conception.  

Rephrased in this article: “…conception requires mental dominion over the invention. This means inventors control the intellectual pursuit and contribute the ingenuity necessary to create an invention.”

So, to determine inventorship:

  1. define the invention
  2. determine contributors to its creation

 

Further, a patent inventor is NOT someone who:

  • merely contributed non-inventive information;  
  • simply ran routine tests;
  • assisted in experimentation; 
  • financed a research effort
  • reduced the invention to practice; or 
  • provided publicly-known information.

 

No Corporation Patent Inventors

corporation

A corporation cannot conceive of an invention because a corporation has no collective consciousness to perform a mental act. 

Giving patent rights to human inventors provides incentives for human ingenuity in exchange for monetary benefits. 

Since corporations have no ingenuity, granting patent rights therefor does not incentivize.

 

Why does it matter?

courthouse

Correct inventorship matters in a patent application because incorrect inventorship is a legal barrier to a patent grant.

Failure to name an inventor or naming an incorrect inventor invalidates a patent.  However, non-fraudulent mistakes in inventorship can be corrected.  Deceptive intent on the other hand automatically invalidates a patent.

To restate, an innocent mistake of including or even omitting an inventor does not invalidate a patent  However, incorrect inventorship tops the charts for patent invalidation.  Mistakes can be corrected but intent cannot.

In summary, validate your investment in intellectual property and encourage the innovation process by ensuring correct inventorship.

 

 Contact me for help patenting your invention and ensuring the correct inventorship.

 

About Sagacity Legal:
Sagacity Legal is a Florida-based firm that works with service-based small business owners, who want to minimize their legal risk so they can focus on achieving their full potential.

This article and all content herein is solely intended for general information purposes and should not be construed as legal advice in any manner. This information is not intended to create, and receipt or viewing, or communication via email or other means does not establish an attorney-client relationship. An attorney-client relationship is only formed when a written engagement agreement is executed. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this website to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

Leave a Reply

Your email address will not be published. Required fields are marked *

leave a comment on this post.

previous comments

      * Testimonials found on this website are actual client reviews of Sagacity Legal PLLC. Prospective clients may not obtain the same or similar results.
    ** The information contained in this website is intended for general informational purposes only, and should not be construed as legal advice on any matter.
  *** For important disclaimer information please visit http://www.sagacitylegal.com/disclaimer.
**** This firm is registered to practice in the State of Florida and before the USPTO.
***** Sagacity Legal,  the Sagacity Legal logo, and Securing Your Success are registered trademarks of Sagacity Legal PLLC