Question
I'm more than happy to include the people which helped but am hoping to use that as leverage to get a better deal from the engineer. But he is telling me it's expected and not open to negotiating a better deal.
I'm not trying to screw anybody but I'm operating out of pocket on merely an idea so I need to minimize my cost.
Answers: 1 public & 1 private
Inventorship in this case is not a question of standard practice, but of contribution. According to the USPTO, the definition for inventorship can be simply stated: “The threshold question in determining inventorship is who conceived the invention. Unless a person contributes to the conception of the invention, he is not an inventor. …”
If the engineer is working under your direction to design something that you have conceived, they are likely not an inventor. In the end, it comes down to the claims. If your engineer has contributed in a meaningful way to what is contained in at least one claim, then they must be included as an inventor. If they made no such contribution, they cannot be listed as an inventor.
Determining inventorship can often be difficult, since it deals with conception, not design. Look through the claims of your patent. Can you point to a statement within any claim whose idea was contributed by the engineer?
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