Skip to content
PatentBrief
← Glossary/I

Inventor

Definition

The person (or persons) who conceived the claimed invention. Inventorship is a legal concept distinct from contribution to a project — someone who merely built what was designed, or who had a general idea that was made more specific by someone else, may not qualify as an inventorinventorThe person who actually conceived the invention. Listed on the patent regardless of who owns it.Read more →. Incorrectly listing inventors can invalidate a patent.

Where this comes up

Invention Disclosure BuilderHow to File a Patent

In practice

Patents that use “Inventor

See the concept in real landmark patents, each explained in plain English.

Related terms

Keep going

Cross-referenced

Patent

A government-granted right that gives an inventor the exclusive right to prevent others from making, using, selling, or importing a patented invention within the country that granted the patent, for a limited time. A patent does not give the owner the right to practice the invention — only the right to exclude others. The US issues three types: utility, design, and plant patents.

Cross-referenced

Assignee

The legal owner of a patent, who may or may not be the inventor. When an employee invents something in the course of their employment, most companies require inventors to assign patent rights to the employer. The assignee appears on the patent document and has the right to license or enforce the patent.

Cross-referenced

Best mode

A requirement that, at filing, the inventor disclose the best way they knew to carry out the invention. Since the America Invents Act, failing to disclose the best mode can no longer be used to invalidate a patent in litigation, but it remains a filing requirement at the USPTO.

Cross-referenced

Conception

The mental part of invention: forming a definite and permanent idea of the complete invention in enough detail that a skilled person could build it. Conception, paired with reduction to practice, determines who legally counts as an inventor.

Cross-referenced

Continuation-in-part (CIP)

A type of continuation that adds new subject matter to the original specification. The original claims keep the parent's priority date; the new material gets a new priority date. CIPs are commonly used when an inventor has improved or expanded an invention after the original filing. The different priority dates within a CIP can create complications during litigation.

Cross-referenced

Double patenting

A rejection that stops an inventor from getting two patents for the same invention, or for an obvious variation of it. The common obviousness-type double patenting is usually overcome with a terminal disclaimer that ties the two patents' expiration dates together.

See inventor in real patents:

Search PatentBrief →