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
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.