Inventors vs. Contributors
It is important to note that the word “inventor” is specifically defined under patent law.
It is critical that all inventors (and no other people) are listed on the patent. Incorrect inventor attribution is one of the ways to invalidate an issued patent. Since this determination is critical to the validity of Duke patents, we ask our patent attorneys to review this prior to filing an application.
Under U.S. patent law, an inventor is an individual that contributes in whole or in part to the conception of the invention. Persons that contribute solely to the reduction of the invention to practice are not considered inventors under patent law.
On the Duke University invention disclosure form (IDF), OLV asks for a list of persons that have contributed to the invention. The IDF further asks the submitters to determine the relative contribution of each person to the invention (expressed as a percentage).
Under Duke University patent policies, each person listed as a contributor will share in the distribution of any income resulting from the commercialization of the invention. This provides a mechanism that recognizes the contribution of people not captured by the legal definition of inventor.