How does the AIA change joint inventorship requirements?

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.

The America Invents Act (AIA) introduced significant changes to joint inventorship requirements:

• Elimination of ‘without deceptive intention’: The AIA removed the requirement that joint inventors make their respective contributions ‘without deceptive intention.’ This simplifies the inventorship determination process.
• Broader inventorship criteria: The AIA expanded the definition of joint inventorship, allowing for more flexibility in determining who qualifies as a joint inventor.
• Changes to oath or declaration: The AIA modified the requirements for inventor’s oath or declaration, impacting how joint inventors are identified and verified in patent applications.

As stated in MPEP 602.09: ‘The AIA eliminated the requirement that each joint inventor make their contribution jointly with the other joint inventors.’