What happens if an inventor is added to an international design application after publication?
Adding an inventor to an international design application after publication of the international registration can create additional requirements for the inventor’s oath or declaration. The MPEP addresses this scenario:
As compliance with the requirement for the inventor’s oath or declaration will have been reviewed by the International Bureau, the need to notify the applicant in a notice of allowability that an inventor’s oath or declaration is required should be rare, e.g., where an inventor is added pursuant to 37 CFR 1.48(a) after publication of the international registration and an executed oath or declaration from the inventor has not been received.
In such cases, the USPTO may issue a notice of allowability requiring the submission of an oath or declaration for the newly added inventor. This situation underscores the importance of ensuring all inventor information is accurate and complete at the time of filing, or as soon as possible thereafter.
Applicants should be prepared to submit an executed oath or declaration for any newly added inventors promptly to avoid potential delays or complications in the application process.
To learn more: