What is the “names another inventor” requirement in AIA 35 U.S.C. 102(a)(2)?

The “names another inventor” requirement is a crucial aspect of AIA 35 U.S.C. 102(a)(2). For a U.S. patent document to qualify as prior art under this provision, it must name at least one inventor who is different from the inventors of the application under examination or patent under reexamination.

The MPEP explains: This means that if there is any difference in inventive entity between the prior art U.S. patent document and the application under examination or patent under reexamination, the U.S. patent document satisfies the “names another inventor” requirement of AIA 35 U.S.C. 102(a)(2).

Key points to note:

• In the case of joint inventors, only one inventor needs to be different for the requirement to be met.
• Even if there are one or more common inventors, the U.S. patent document can still qualify as prior art unless an exception in AIA 35 U.S.C. 102(b)(2) applies.

To learn more:

• AIA
• names another inventor
• prior art
• inventive entity