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Panelists explore who’s an inventor

In a panel discussion sponsored by the Office of Technology and Licensing, three local patent lawyers outlined Thursday what it means, legally, to be an inventor.

The answer is straightforward, tightly linked to those who conceived the invention. On the other hand, people who labored to prove the idea could accomplish its stated purpose are not considered inventors. But if someone contributes to how the conceived idea works, then he or she is a co-inventor.

The panel and audience explored various scenarios that might occur in the lab. For instance, who is the inventor when a principal investigator has an idea and a student works on it? What about when the student has the idea and the PI is added on as a "courtesy?" (Having co-inventors on the patent who did not contribute equally can actually invalidate the patent.)

The bottom-line advice from the patent lawyers: Avoid questions of inventorship at all phases and document each step of the invention process.