Who is an inventor?

Listing an individual in the “Inventor” section of an Invention Disclosure Form (IDF) does not guarantee that the individual will ultimately be named as an inventor on a patent application filed with the USPTO. Inventorship is a legal determination governed by U.S. patent law and is made in consultation with patent counsel during the prosecution process. Under U.S. patent law, an inventor is someone who contributed to the conception of at least one claimed element of the invention. Accurate determination of inventorship is critical, as improper inventorship can jeopardize the validity and enforceability of a patent. Further, inventorship is distinct from authorship on a publication. Being listed as an author, or being involved in research related to the invention, does not necessarily qualify an individual as an inventor.