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Federal Circuit clarifies “co-inventor” test

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SKU: IIPjj122. Category: .

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Abstract: What defines a “co-inventor”? It’s a critical question, since a co-inventor has the right to exploit an invention without the permission of the other inventors, as well as to license or sell that right without permission or sharing the proceeds. This article examines the case of a researcher who developed a synthesis protocol for making a novel genus of chemical compounds. Later, another researcher synthesized a compound using the first researcher’s protocol. When the latter was not named as an inventor, he sued, and the court found in his favor. Citation: Falana v. Kent State University, No. 2011-1198, Jan. 23, 2012 (Fed. Cir.)

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