Authorship and Inventorship: An analysis of publishing and patenting norms and their consequences at American universities

Introduction Norms governing academic science are different from those governing patent law. Yet the two spheres are increasingly in contact, and sometimes conflict, as many academics patent their scientific discoveries. Under U.S. law, patents can be invalidated for omitting inventors. Such omissions can arise from discrepancies between the criteria for authorship and that for inventorship, but they can also arise from illegitimate exclusion of actual inventors. Junior scientists are more likely to be excluded, both by conventional wisdom as well as data-driven analyses. 1 A few junior scientists have brought their grievances to court, some with more success than others. 2 Recent and ongoing lawsuits between students and their superiors underscore the persisting incongruence between publishing and patenting norms particularly with respect to seniority. 3 Even if they are included as inventors, junior scientists have faced discrimination in the patenting process. 4 Given the reputational and monetary costs, research universities have an incentive to reconcile the publishing and patenting spheres of academic science.