Mind + Muscle

technical minds + legal muscle



Inventorship Dispute Resolution

As an alternative to often costly litigation, we offer inventorship dispute resolution services to non-client, private and public parties facing disputes and possibly litigation over inventor rights issues.  This service provides specialized patent experts from Sterne Kessler, who act as credible and neutral third-parties in resolving inventor disputes efficiently and economically without having to go to court.

Inventorship disputes have increased dramatically in the last years, due in part to an increased amount of research and development work being performed by collaborations between different entities.  This increase in disputes is evidenced only partly by the number of reported court decisions in which improper inventorship has been raised.  As members of our community know, the number of actual disputes is much higher than those found in reported decisions.

High Stakes

The stakes of being named - or not named - as a co-inventor on an issued patent for an important area of technology are as high today as they have ever been.  Apart from the prestige involved, co-inventorship of a federally-funded invention carries with it royalty-sharing rights, and co-inventorship of an invention made partly by an inventor from another institution carries with it co-ownership of the resulting patent.  As inter-company, inter-academic, and academic-company collaborations have increased, so have the disputes.  But, resolving these complex issues requires patent and intellectual property expertise not found in the general legal marketplace.

Our Inventorship Dispute Resolution Service brings to bear years of experience in patent law to help resolve such disputes efficiently and economically.  We know that inventorship disputes often reach an impasse that cannot be easily solved by the attorneys involved in the case.  Such an impasse can lead to costly litigation or interferences to resolve the dispute. Intervention by a disinterested third party who is deeply knowledgeable in the technology involved, who is an experienced patent attorney, and who is sensitive to personal issues in contests between scientists, may lead to quick out-of-court resolutions.  Sometimes, all that is needed is an expert in law and science who is trusted by both sides acting as a credible neutral to clarify the basic principles of inventorship as applied to the facts, and provide a decision.


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