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The Workflow Model of Attribution Determination for True Inventors and Authors

Steven S.Kan

  This Article s goals are to distinguish efficient court standards of attribution determination from inefficient ones and trace the root cause of the disparity.Emphasizing the distinction between market substitutable endeavors and virtual transactions of knowledge creation, the workflow model leads to a set of economic logic to pin down intellectual contribution as the efficient boundary of inventorship and authorship.It also reveals insufficiently recognized opportunistic behaviors lurking in the control of the fixation step and decision-making authority. Consistent with the model and the economic logic,courts have examined litigantsendeavors and contributions to establish intellectual contribution as the boundary of invention conception, copyright originality,sole and joint inventorship,and sole authorship.Inefficiency primarily occurred in joint authorship standards of independently copyrightable contribution,mutual intent, and control.The root cause of the disparity is traced to copyright law s failure to insist the truthful identity of the subject making the intellectual contribution,for which the patent law even mandates a correction of misattribution.……   
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