A recent decision from the U.S. Court of Appeals for the Federal Circuit provides guidance on a fundamental issue of patent law commonly faced by patent prosecutors and litigators alike: who can be an inventor, and what kind of contribution is required for inventorship under the law? In HIP, Inc. v. Hormel Foods Corp., 66 F.4th 1346 (Fed. Cir. 2023), the Federal Circuit analyzed these issues, and held that an individual may only be considered an inventor if the contribution to the claimed invention is deemed to be of sufficient significance.

Patent Inventorship

The question of inventorship is sometimes straightforward, but in other contexts can be far more complex. The America Invents Act provides a number of definitions that offer a starting point for answering questions about inventorship. For example, 35 U.S.C. §100(f) states that “the term ‘inventor’ means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.”