An inventor is a person who has had an original idea or otherwise contributed intellectual input to the invention and who has placed the idea in a format that can be followed by one of skill, for example, writing the idea out, along with appropriate
application may be filed naming one
direction of another and invention, i.e., "works as an invention, need not be
does not contribute any original a technician" under direction from named as an inventor.
thought to the the inventor to
Professional collaborators may or may not contribute to the inventive concept being claimed and great care should be taken in deciding who should be named as an inventor. It is important to understand that inventorship is a legal matter, not a collegial matter - not all co-authors of a publication are necessarily co-inventors (However, this does not limit the acknowledgement of collaborators not deemed to be co-inventors through a sharing of any net proceeds from the invention. A sharing agreement should be put in place and lodged with the Invention Disclosure Form). As a starting point in assessing inventors, consider all potential persons involved in the research project (staff, students, colleagues, etc.) and then eliminate those not that did not contribute original thought to the invention. Inventorship will be formally reviewed as part of the Invention Disclosure.
3.2 Patentability Assessment Process
Once an invention is disclosed to your Technology Transfer/Business Development Office, and it has potential for filling a market need, or for attracting investment, research or licensing opportunities, a patentability assessment process will be carried out. This is the process to determine if the invention is patentable. The invention will be assessed to see if it meets the patentability criteria. In other words, to see if the invention is novel, has utility, and is non-obvious to someone skilled in the art. An opinion may be solicited from a patent agent/lawyer. It is important to note that patenting, in and of itself, is not a useful goal. Further assessments of commercial, financial and market potential therefore also play a role in the decision to patent an invention or not.
3.3 Commercial Assessment
Upon first review, the invention must be shown to have some commercial value, or else the investment in patenting will not be returned. To enhance technology transfer and economic development, there must be a potential market for the patent.