Inventorship and ownership

Toshiko Takenaka

Chapter 3 in The Law and Theory of Patents, 2026, pp 39-61 from Edward Elgar Publishing

Abstract: who holds legal title to patent rights. In the U.S., Germany, Japan, and most WTO members, inventors are the original rights holders, yet international instruments do not define “inventor.” The Paris Convention guarantees only a right to be named, and the EPC treats inventor designation largely as a formality. By contrast, U.S. law treats inventorship as a substantive validity requirement, with doctrines on conception, joint inventorship, derivation, and correction influencing entitlement, prior art, and standing.

Keywords: Inventorship; Ownership; Bayh Dole Act; Employee invention systems; Open innovation; AI assisted inventions (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035310425
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