An invention is more than just an idea or discovery in a field of endeavour. Typically an invention must take the idea or discovery and apply it practically to provide a solution to a problem or a need. To be patentable, the invention must not only be novel (i.e. new), but must also involve an inventive step that takes it beyond what would be obvious to a non-inventive worker in a certain field of endeavour, and beyond the common general knowledge current in that particular field. An invention need not be a tangible product, but may instead be method or a process.

Who is an inventor?

An inventor is one who was the first to form, in his or her mind, a definite perception of the claimed invention or design.

Who is not an inventor?

The following actions do not make someone an inventor:

  • contributes to an obvious element of the invention
  • merely suggests an idea
  • simply follows instruction
  • explains how or why an invention works
  • adopts information derived from another

Joint Invention

  • need not have physically worked together or at the same time
  • need not make an equal contribution
  • need not contribute to the subject matter of every claim

It is important that a patent application name the correct inventors. Failure to name the proper inventors or including people who are not inventors could invalidate your patent. You can recognize contributors who are not inventors by sharing licensing revenues with them. Inventorship is a legal determination.

Is my idea worth protecting?

If you think there may be a possibility that the invention merits protection, please contact us.

We work with our clients to help them understand the potential paths for protection and commercialisation. Determining the fitness of the invention for commercialisation is one of our primary duties.