According to the United States Patent and Trademark Office (USPTO), determining inventorship means:

1. The individual(s) who conceptualizes the idea or subject matter.

Also, per the USPTO, an inventor is not someone who:

• Someone whose only contribution is reducing an invention to practice by exercising ordinary skill in the art.
• A technician who simply performs experiments or assembles the invention.
• The supervisor or department manager of the person who conceived the invention.
• Someone whose only contribution is an obvious element to the invention.
• Someone whose only contribution is participation in consultations about the invention before or after conception of the invention.
• A person who only conceives of the result to be obtained but not the idea of how to achieve it.
• A person who only discovers the problem (unless they contribute to the solution).
• A person who merely provides a suggestion or improvement but who does not work to fit the suggestion or improvement into the invention.
• A second inventor of the subject matter of the invention who did not collaborate with a first inventor of the subject matter of the invention.

It is never too early to contact UWMRF when:

• A new invention arises,
• Prior to an enabling public disclosure,
• Before sending any materials to a third party,
• Before discussing your idea with a company,
• Before initiation of a confidentiality agreement.

The Role of the Inventor:

• Keep good lab notes that are periodically witnessed,
• Contact us before public disclosure,
• Fill out a detailed invention disclosure form,
• Help differentiate your invention from prior art references,
• Identify relevant companies to generate licensing leads,
• Examine and edit marketing documents,
• Review patent applications, brainstorm to broaden claims,
• Provide feedback on proposed licensing terms,
• Advocate for collaborative, industry-funded research,
• Publish, and let us know before you do.

Types of IP Protection:

• Patent applications protects inventions (devices, compositions, methods, and designs).
• Copyright registration protects created works (software, curricula, photographs, and more).
• Trademark registration protects brands and distinguishes it from others.