美國案的問題 - 專利

關於此問題，還可以再參考2000年的Sandra Solomon v. Kimberly-Clark Corp. 的判例

被告也是以專利律師應該是發明人抗辨，但法官認為，
專利律師的任務是幫助發明人取得專利，不能對抗發明人，因
此專利律師不能當作發明人。


Sandra Solomon v. Kimberly-Clark Corp. 00-1033:
" An attorney’s professional responsibility is to assist his or her client
in defining her invention to obtain, if possible, a valid patent with maximum
coverage. An attorney performing that role should not be a competitor of the
client, asserting inventorship as a result of representing his client. Cf.
Patent and Trademark Office, U.S. Dep’t of Commerce, Manual of Patent
Examining Procedure app. R § 10.64 (7th ed.1998) ("Avoiding acquisition of
interest in litigation or proceeding before the [Patent and Trademark]
Office"). Thus, to assert that proper performance of the attorney’s role is
a ground for invalidating the patent constitutes a failure to understand the
proper role of a patent attorney. "

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