What is the definition of ‘inventor’ under the AIA?

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) defines ‘inventor’ in 35 U.S.C. 100(f) as follows:

The term “inventor” means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.

This definition emphasizes that inventors must be individuals, not corporations or other entities. It also acknowledges the possibility of joint inventorship, where multiple individuals contribute to the invention.

For joint inventions, the term ‘joint inventor’ is defined in 35 U.S.C. 100(g):

The terms “joint inventor” and “coinventor” mean any 1 of the individuals who invented or discovered the subject matter of a joint invention.