35 USC 102(b)(1): Inventor
35 USC 102 section (B), subsection 1
“a disclosure made one year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under the novelty section if:
- the disclosure was made by the inventor or a joint inventor or another who obtained the disclosed subject matter from the inventor or a joint inventor; any of these parties had publicly disclosed the subject matter before the one-year or less disclosure limit.”
- AIA defines “inventor” as
- the individual who invented the device
OR
- if it is a joint invention, the individuals who collectively invented or discovered the subject matter of the invention
35 U.S.C. 100(g) of the AIA
- “joint inventor” and “co-inventor” refer to any one of the individuals who either invented or discovered the subject matter of a joint invention