How does the USPTO presume inventorship in patent applications?

The USPTO generally presumes that the named inventors in a patent application are the true inventors of the claimed subject matter. This presumption is mentioned in MPEP 2157:

“The Office presumes that the named inventor or joint inventors in the application are the actual inventor or joint inventors to be named on the patent. See MPEP § 2109.“

This presumption means that unless there is evidence to the contrary or a challenge to the inventorship, the USPTO will proceed with examination based on the inventors named in the application. However, if issues arise regarding the correctness of the named inventors, appropriate actions can be taken to correct the inventorship or address the issue through other means, such as derivation proceedings or rejections under 35 U.S.C. 101 and 115.

To learn more:

• inventorship presumption
• patent application
• USPTO examination