Difference Between an Applicant and InventorThe deep meaning of the two terminology Applicant and Inventor in Patent can conclude it can be the same or different entity. It all depends upon the circumstances. An applicant is a person who is seeking the rights of the Patent. At the same time, the Inventor is the creator of the Intellectual Property. There is a difference between an applicant and inventor in Patent, but there are similarities. While reviewing the literature on patents, a person may get confused with the terms’ inventor’ and ‘applicant.’ Often these terms are used interchangeably in layman’s language. But on a legal basis, these terms have different connotations and meanings, which may affect a person dealing with patents. Let us dissect these terms for you.
Who is an inventor?An inventor is an individual who has played a role in conceiving the invention or contributed to reducing the story to practice. The contribution of an inventor is evident in the creation of a dream. For Example, an artist is the creator of the art, the actual Inventor. But, the rights belong to the brand it is working under, and those are not the Inventor but rather the patent holder. The person must have played a critical role in the process using ingenuity and creativity. Every person who has played such a role gets a right to be mentioned in the patent document. And entitled as Inventor. It is expected that the same person might not be entitled to the commercial benefits of the invention. Even if you are the Inventor, you might not be the patent holder, and the monetary use of a patent is unavailable to you. It has to be clear that a company cannot be called an inventor. It has to be an honest individual who has played a significant role. Hence, a team of individual or contributors are not mentioned. Instead, just an individual is given all the credits and has the title of Inventor. Contrary to the popular notion, a person who has merely supervised the Inventor. Or has acted under the direction or supervision of the Inventor cannot be an inventor. Thus, you are the Inventor only if you did the invention. For Example: A person, though in a superior capacity and designation, has not played a role in conceiving an invention or reducing it to practice and cannot claim to be an inventor. A person leading the team or in charge is not an inventor. A lab assistant or a person maintaining the computer system cannot claim a right to become an inventor. The level of contribution is to be the highest and not just a mere contribution per a job role. A person doing an internship and working under the guidance and direction of the Inventor cannot claim the right to be an inventor. So, all the trainees need to have their invention to have the entitlement of an inventor. All the above examples make it clear that certainly, an inventor can be a patent applicant, but in a few cases, it might not be the same person.
Who is the patent applicant?A patent applicant is a person who has the right to file a patent for the invention in the patent office. The entity may or may not be an inventor. The application is filed with the help of the lawyer. It is a technical task that is to be error-free. The four significant inclusions of a patent application:
- Initial pages
- Drawing of the invention
- A detailed explanation of the specification of the drawing.
- Claims by the patent applicant.
Learn more about your role as an applicant or inventor. Our Representative will guide you with Precision.