Abstract

http://ssrn.com/abstract=976397
 
 

Citations (1)



 


 



My Patent, Your Patent, or Our Patent? Inventorship Disputes Within Academic Research Groups


Sean B. Seymore


Vanderbilt University - Law School


Albany Law Journal of Science and Technology, Vol. 16, pp. 125-167, 2006

Abstract:     
The statutory requirement of identifying the first and true inventor is often muddled by the mores and practices of academic science. Unfortunately, and despite claims of scientists and attorneys to the contrary, I contend that the inventive entity is not discovered but rather determined in and through social relationships. Although universities should always strive to promulgate policies which fully comport with the law, the biggest incentive for universities to insist on correct inventorship is financial. I argue that the rise in mentee claims for sole or joint inventorship, as well as the ever-present threat of an inequitable conduct defense in a patent infringement suit, jeopardizes the ability of the university to generate royalties from licensing agreements. To protect this revenue stream, I contend that universities must revisit their “hands off” approach to the inner workings of the academic research group, at least with respect to determining the correct inventorship for a patent application.

Number of Pages in PDF File: 44

Keywords: patent, university, inventorship, authorship, technology transfer, research

JEL Classification: O34, K41, K19

Accepted Paper Series


Download This Paper

Date posted: April 1, 2007  

Suggested Citation

Seymore, Sean B., My Patent, Your Patent, or Our Patent? Inventorship Disputes Within Academic Research Groups. Albany Law Journal of Science and Technology, Vol. 16, pp. 125-167, 2006. Available at SSRN: http://ssrn.com/abstract=976397

Contact Information

Sean B. Seymore (Contact Author)
Vanderbilt University - Law School ( email )
131 21st Avenue South
Nashville, TN 37203-1181
United States
Feedback to SSRN


Paper statistics
Abstract Views: 987
Downloads: 235
Download Rank: 71,466
Citations:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.609 seconds