Can a patent examiner reject claims based on improper inventorship?
Yes, a patent examiner can reject claims based on improper inventorship. MPEP 2157 provides guidance on this matter:
“In the rare situation where it is clear that the application does not name the correct inventorship and the applicant has not filed a request to correct inventorship under 37 CFR 1.48, Office personnel should reject the claims under 35 U.S.C. 101 and 35 U.S.C. 115.“
The examiner can use Form Paragraph 7.04.02.aia to reject claims under 35 U.S.C. 101 and 115 for failing to set forth the correct inventorship. This rejection is based on the statutory requirements that patents be issued to the true inventor(s) and that patent applications include the correct inventor names.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2157 - Improper Naming Of Inventors,
Patent Law,
Patent Procedure