What are the requirements for naming inventors in a patent application under the AIA?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Under the America Invents Act (AIA), the naming of the actual inventor or joint inventors of the claimed subject matter is still required. As stated in MPEP 2157 : “ The patent laws still require the naming of the actual inventor or joint inventors of the claimed subject matter. See 35 U.S.C. 115(a) (‘[a]n application for patent that is filed under [35 U.S.C.] 111(a) or commences the national stage under [35 U.S.C.] 371 shall include, or be amended to include, the name of the inventor for any invention claimed in the application’). “ This means that even though the AIA eliminated pre-AIA 35 U.S.C. 102(f), patent applications must still correctly identify the true inventor(s) of the claimed invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Preceding Paragraph on Improper Inventorship MPEP 2157 Required Requirement for Rejection Based on 35 U.S.C. 101 MPEP 2157 Requirement for Inventor Identification in Patent Application MPEP 2157 Required Use Form Paragraph for Improper Inventorship Rejection MPEP 2157 Named Inventors Generally Presumed to be Actual Inventors MPEP 2157 Requirement for Correct Inventorship MPEP 2157 Requirement for Correct Inventorship MPEP 2157 Requirement for Correcting Incorrect Inventorship MPEP 2157 Recommended FITF Provisions Must Be Checked Before Rejecting Under Pre-AIA 102(f) MPEP 2157 Recommended Form Paragraph Must Follow Another MPEP 2157 Required Other Related FAQs 5 FAQs Collapse What should an applicant do if they discover an error in the named inventors of a patent application? What is a derivation proceeding and how does it relate to improper naming of inventors? Can a patent examiner reject claims based ...