Law - Derived from Another

Under U.S. patent law, an invention lacks novelty if it was actually invented by someone other than the applicant for the patent. [35 U.S.C. 102(f)]. Thus, in the U.S., an invention cannot be derived from another because only the "first to invent" can obtain a valid patent on an invention.

This rule requires that all the true inventors (the correct inventive entity) apply for a U.S. patent. An issued patent can be invalidated under 35 U.S.C. 102(f) if it can be shown that the alleged inventive entity [the applicant(s)] acquired the claimed invention from another inventive entity (which could be one or more of the applicants or someone else). A true inventor must contribute to the conception of at least one of the claimed inventions in a U.S. patent application. Patent Partner's Inventorship Evaluation addresses this issue in detail

The position of the USPTO on this issue is described in the following section(s) of the Manual of Patent Examining Procedure (MPEP): MPEP 2137 - 35 U.S.C. 102(f)
MPEP 2137.01 - Inventorship
MPEP 2137.02 - Applicability of 35 U.S.C. 103, Second Paragraph
MPEP 2138.04 - Conception

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