How does restriction affect joint inventorship in patent applications?

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.

Restriction requirements can affect joint inventorship in patent applications. The MPEP explains:

If an application by joint inventors includes more than one independent and distinct invention, restriction may be required with the possible result of a necessity to change the inventorship named in the application if the elected invention was not the invention of all the originally named inventors.

In such cases:

• A ‘divisional’ application complying with 35 U.S.C. 120 would be entitled to the benefit of the earlier filing date of the original application.
• Examiners should remind applicants to correct inventorship under 37 CFR 1.48 if an invention is elected and claims to the invention of one or more inventors are canceled.

This process ensures that the correct inventors are named for each distinct invention in the case of a restriction requirement.