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IP BLAWG
Enabling Inventors
Beverly A. Berneman
4/3/24In Brief: Inventorship can be based on unclaimed improvements that are necessary for enabling the invention to work.
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IP BLAWG
Bringing Home the Patent Bacon
Beverly A. Berneman
7/26/23In Brief: A named inventor has to make a significant contribution to the claims in a patent.
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IP BLAWG
Sorry C3PO and R2D2, You Can’t Be Inventors
Beverly A. Berneman
11/9/21In Brief: Artificial intelligence (AI) cannot be deemed an “inventor” under the US Patent Act.
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IP BLAWG
Hey, That Was My Invention
Beverly A. Berneman
10/9/18Inventor identification gets lost in the haze of a patent application for a cannabis delivery system. %CUT% Michael Pappalardo met Samantha Stevins at a pharmaceutical products trade show. Michael told Samantha about his concept for a new product related to liquid and solid cannabis delivery systems. They agreed to work on it together. Samantha, who is an attorney, suggested that they apply for a patent. When Michael found out that Samantha had named herself as the sole inventor on the patent, he brought suit to add his name as an inventor. The Federal Circuit affirmed the district court’s dismissal of Michael’s case. The court held that there is no cause of action to challenge inventorship until a patent issues. So Michael will have to wait until then to file suit.
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