How does the USPTO determine if a disclosure is by the inventor or a joint inventor?

The USPTO determines if a disclosure is by the inventor or a joint inventor by examining the evidence provided and the circumstances of the disclosure. According to MPEP 2155.02:

“The Office is not required to evaluate the sufficiency of the declaration or affidavit beyond ensuring that the declaration or affidavit addresses the subject matter of the intervening disclosure and the date of its public availability.”

The process typically involves:

• Reviewing declarations or affidavits submitted by the applicant
• Examining the content and date of the disclosure
• Comparing the disclosed subject matter with the claimed invention
• Considering any evidence of derivation or collaboration

The burden is on the applicant to provide sufficient evidence that the disclosure was made by the inventor or joint inventor, or by someone who obtained the subject matter directly or indirectly from them.

To learn more:

• USPTO determination
• inventor disclosure
• joint inventor
• evidence evaluation
• patent application