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Question: How do you challenge a patent?

Person A filed a patent in his name only, the patent is pending and was recently declined with the option to re-submit with amendments. It was resubmitted and therefore still pending.

Person B, who is not names on the patent, was the person who actually created the very first prototype of the patent, on the own time and not at the request of Person A. However, the idea was based on the teaching skills of Person A.

Does Person B have any claim or consideration and can he challenge the patent to at least have his name included?

Answer: Whether someone is an inventor is determined by the claims of the patent application. If a person conceived the subject matter of one or more claims, then the person is an inventor.

Therefore, whether a person built the first prototype and/or used the teaching skills of another can be helpful to determine whether the person is an inventor, those factors are not determinative.

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