Patent Attorney and Founder
Who’s the Primary Inventor Among Co-Inventors?
Hi everyone! Today, let’s tackle a common question: Who should be listed as the primary inventor among co-inventors?
I’m JD Houvener, a patent attorney and the founder of Bold Patents Law Firm. Over the past decade, I’ve helped thousands of inventors and secured nearly 500 patents. I also wrote Bold Ideas: The Inventor’s Guide to Patents. So, let’s dive into this important topic.
When you have multiple inventors on a patent, they’re called co-inventors. According to patent rules, every inventor must be listed. But how do you decide who’s the primary inventor?
Who Gets Top Billing?
The primary inventor is typically the person who contributed the most to the invention. Maybe they came up with the main idea or handled the bulk of the work. It’s all about the actual claimed invention—the part of the invention that’s legally protected in the patent.
Here’s how it usually works:
- After a patentability search, you draft an invention disclosure.
- At this stage, it becomes clearer who contributed the most to the invention.
But what if the inventors disagree?
Resolving Disputes Among Co-Inventors
Sometimes, inventors might argue over who should be listed first. Here’s a practical solution:
- Each inventor writes down what they believe they contributed to the invention.
- The patent attorney reviews these contributions and determines who played the biggest role in the claimed invention.
In rare cases, disagreements persist. If that happens, inventors can seek separate legal representation. However, this complicates things—different attorneys may advocate for their clients in ways that could create conflict during the patent process.
To avoid this, it’s often best to have one attorney represent all inventors or, better yet, represent the company to which the inventors assign their rights.
Does Being “Primary” Really Matter?
Here’s the truth: the title of “primary inventor” is more about recognition than rights. All inventors listed on a patent share equal rights to the invention. They all have the power to stop others from making, using, or selling the patented invention.
Being named first, though, can give a small ego boost—it’s the name people see first when looking at the patent.
Final Thoughts
I hope this helps clear things up! If you’re thinking about pursuing a patent or just want to learn more, check out the free inventor kit linked below. It includes resources like a copy of my book, tools for patent searching, and strategies for monetizing your invention.
Thanks for tuning in—go big, go bold, and have a great day!