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Am I the inventor if I performed important experiments that led to an invention?

On a patent application (or patent), inventors employed by an employer have at least the right to be named. In some countries, such as the United States, there is an additional reason to name the correct inventors. If the wrong persons are named as inventors in such a country, the patent may not be enforceable. Partly for this reason, it is very important to properly identify who the inventor(s) is/are in an invention. This can sometimes lead to discussion or even conflict.

Contribute to the idea

It may be surprising, but the person who performs the experiments is not automatically the inventor. Not even if that person did most of the work and put a lot of time into the research. To be named as an inventor, that person must have contributed to the idea behind the invention.

A lab technician who merely follows a supervisor's instructions without his own input is not normally considered an inventor. The supervisor is, because he or she is often involved in coming up with the concept of the invention.

Practice is often less black and white. A lab technician usually does not just follow instructions blindly, but usually solves unexpected problems that arise during research. If these problems go to the heart of the invention, this person thereby contributes to the invention. In such cases, both the lab technician and the supervisor can be considered inventors.

Discuss in detail

To determine who should be named as inventor(s), it is often necessary to discuss in detail what each person's contribution to the invention was. Not sure who is/are the rightful inventor(s) of a particular invention? Then ask your patent attorney to think with you.