2. Inventorship, ownership and employee rights

Question 1

Who has the right to apply for and obtain a patent?

PA 2007, Section 7

Answer 1

1) Anyone can apply for a patent either alone or jointly

2) A patent for an invention may be granted only to:
a. Primarily to the inventor or joint inventors;
b. Instead of (a), to anyone who was entitled to the whole of the property of the invention at the time of making it (in the UK). By virtue of: law, foreign law/treaty/international convention, enforceable term of agreement with inventor made before the invention was made;
c. To the successors of anyone from (a) or (b), etc.

4) A person/s who applies for a patent will automatically be assumed to be someone from category (2), unless otherwise established.

Question 2

Define “inventor”

PA 2007, Section 7(3)

Answer 2

3) “Inventor” means the actual deviser of the invention. “Joint inventor” also.

A person who merely contributes advice or other assistance in the making of the invention by another person is not an inventor

By default, the person to whom the patent is granted

Question 3

Describe the procedure for naming the inventor(s)