Do Joint Inventors Have to be Friends? (PDF)
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The court affirmed the dismissal a 35 USC 256 action stating that "the independent relationship between-[two competing] teams of scientists, and the nature of-[the indirect] communication of information [from one of the two teams to the other of the two teams], do not support joint invention..." The problem seemed to be that the two competing teams of scientists were not friends. But does that mean that they can't have been joint inventors?
Charles L. Gholz is a Partner in Oblon, Spivak, McClelland, Maier & Neustadt, LLP; Alexandria, Virginia. His direct dial telephone number is 703/412-6485, and his email address is firstname.lastname@example.org.
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