How is inventorship determined in a national stage application?
The determination of inventorship in a national stage application depends on the international filing date:
For applications with an international filing date on or after September 16, 2012:
According to 37 CFR 1.41(e), the inventorship is:
- The inventor or joint inventors set forth in an application data sheet filed with the initial submission under 35 U.S.C. 371
- If no application data sheet is filed, the inventorship is the inventor or joint inventors set forth in the international application, including any changes under PCT Rule 92bis
For applications with an international filing date before September 16, 2012:
As per pre-AIA 37 CFR 1.41(a)(4):
“The inventorship of an international application entering the national stage under 35 U.S.C. 371 is that inventorship set forth in the international application, which includes any change effected under PCT Rule 92bis.“
In both cases, if there’s a need to correct or change inventorship, specific procedures must be followed as outlined in the respective CFR sections.
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