How does joint inventorship affect the “names another inventor” requirement?
In cases of joint inventorship, the “names another inventor” requirement under AIA 35 U.S.C. 102(a)(2) is satisfied even if only one joint inventor is different between the prior art document and the application under examination.
MPEP 2154.01(c) clarifies: “Thus, in the case of joint inventors, only one joint inventor needs to be different for the inventive entities to be different.”
This means that a prior art U.S. patent document can qualify under AIA 35 U.S.C. 102(a)(2) even if it shares some joint inventors with the application being examined, as long as there is at least one inventor who is different.
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Topics:
MPEP 2100 - Patentability,
MPEP 2154.01(C) - Requirement Of "Names Another Inventor",
Patent Law,
Patent Procedure