IEEE Boston’s The Reflector Publishes “The U.S. Patent Office Continues to Clarify that Patent Inventorship Requires Conception, Despite Broader Language Used by Courts”

By Craig R. Smith
Published in IEEE The Reflector, June 2024

Inventors capture our imagination by making dreams possible. Famous inventors, such as Thomas Edison and Alexander Graham Bell, not only advance the state of technology but create whole new industries based on their ideas. Conception of an invention is the key to being considered an inventor. The U.S. Patent Office has consistently emphasized that you must contribute to the conception of the invention to be deemed an inventor. Unfortunately, courts have explained the requirements for inventorship in broader terms, creating some confusion over who is entitled to be an inventor on a patent. Courts should clarify the requirements for inventorship to ensure that conception remains the touchstone for being an inventor.

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