Who is an inventor?
An inventor is an individual who has contributed to conception of one of more claims contained in an
issued patent. Inventorship is a legal concept which is not open to independent interpretation. Either an
individual contributed to conception of a patent claim or not. Conception is the "formation in the mind of
the inventor, of a definite and permanent idea of the complete and operative invention, as it is thereafter
applied in practice." (Amgen v. Chugai Pharmaceuticals).
My graduate student and/or research technician were very helpful in executing the experiments for my
invention. Does that make them co-inventors?
Inventors are individuals who have contributed to conception of one or more of the claims contained in a
patent. Simply following experimental protocol does not necessarily qualify a student or technician as an
inventor, unless they have also contributed towards conception.
Who owns my invention?
ECU has an interest in all inventions of university personnel and students that are conceived, or conceived
and first reduced to practice, as a result of university research, activities within the scope of employment,
and activities involving the use of university time, facilities, staff, materials, information not available to
the public or funds administered by the university.
If ECU doesn’t pursue protection of my invention, what happens next?
Upon approval of the Patent Committee, OTT can release an invention to a university inventor, under
terms of an invention release agreement.