What is the outcome for patentability under 35 U.S.C. 102(f) if the inventor did not conceive of the invention?

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Under 35 U.S.C. 102(f), an invention cannot be patented if the individual who filed the application is not the true inventor or did not actually conceive the invention. This section addresses issues of inventorship and places an emphasis on the importance of original conception in determining patentability. If the person listed as the inventor did not conceive the invention, it directly affects the validity of the patent application.

In this context, the legal requirement is that an inventor must be the true creator of the claimed invention. Therefore, if the inventor did not conceive the invention, patentability is barred. This ensures that patents are awarded to those who genuinely contributed to the creation of the invention, thereby maintaining the integrity of the patent system.

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