• IP BLAWG

    Enabling Inventors

    Beverly A. Berneman
    4/3/24

    In 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
    7/26/23

    In 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
    11/9/21

    In 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
    10/9/18

    Inventor 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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