Who's the Inventor?
Preparing a strong patent application is a complex and demanding task. The inventor interview is an important part of the application drafting process. Early and effective communication between the inventor and their patent attorney often results in a more detailed description of the invention, stronger claims, and lower fees.
Two friends recently started a patent boutique, Abbott & Costello LLC. I overheard this discussion in their offices. (With apologies to Bud Abbott and Lou Costello. Here is a video of their classic vaudeville sketch “Who’s on First?”)
Costello: Well, Abbott, we finally got our first patent client. Are you ready to interview the inventor?
Abbott: I certainly am.
Costello: We want to do a great job on this application. You'll need to know the names of the inventors, everything about the invention, the prior art, and other information.
Abbott: I know it all, I’m ready. OK, well, let's see, Who's the inventor, What's the invention, I Don't Know, the joint inventor...
Costello: That's what I want to find out.
Abbott: Well that’s what I’m telling you … Who's the inventor, What's the invention, I Don't Know, the joint inventor
Costello: Did you prepare for this interview?
Abbott: Yes.
Costello: And you know the inventors' names?
Abbott: Well I should.
Costello: Well then, who's the inventor?
Abbott: Yes.
Costello: I mean the fellow's name.
Abbott: Who.
Costello: The inventor.
Abbott: Who!
Costello: The guy who conceived of the idea.
Abbott: Who is the inventor!
Costello: I'm asking YOU, who's the inventor.
Abbott: That's the man's name.
Costello: That's who's name?
Abbott: Yes.
Costello: Well go ahead and tell me.
Abbott: That's it.
Costello: That's who?
Abbott: Yes.
Costello: Look, there’s an inventor?
Abbott: Certainly.
Costello: Who's the inventor?
Abbott: That's right.
Costello: All I'm trying to find out is the inventor’s name.
Abbott: Who.
Abbott: What's wrong with that?
Costello: Look, all I wanna know is when we prepare a declaration, how does he sign his name?
Abbott: Who.
Costello: The inventor.
Abbott: Who.
Costello: How does he sign...
Abbott: That's how he signs it.
Costello: Who?
Abbott: Yes.
Costello: All I'm trying to find out is what's the inventor’s name.
Abbott: No. What is the invention.
Costello: I'm not asking what’s the invention, I am asking you who is the inventor.
Abbott: Who invented what.
Costello: That’s what I am trying to find out!
Abbott: Take it easy, buddy.
Costello: I'm only asking you, who invented what?
Abbott: That's right.
Costello: Ok.
Abbott: All right.
Costello: What's the inventor’s name?
Abbott: No. What is the invention.
Abbott: Who's the inventor.
Costello: I don't know.
Abbott: He just reduced what to practice.
Costello: Why are we talking about reduction to practice?
Abbott: Why you.
Costello: If I mentioned who reduced the invention to practice, who was it?
Abbott: No. Who's the inventor.
Costello: What's the invention?
Abbott: Who invented what.
Costello: I don't know.
Abbott: He's just reduced it to practice. Who is the inventor? . . .