MPEP § 2920.01 — Inventorship (Annotated Rules)
§2920.01 Inventorship
This page consolidates and annotates all enforceable requirements under MPEP § 2920.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Inventorship
This section addresses Inventorship. Primary authority: 35 U.S.C. 171, 35 U.S.C. 115, and 37 CFR 1.48(a). Contains: 6 requirements, 1 prohibition, 1 guidance statement, and 3 permissions.
Key Rules
Processing Fees
Inventorship may be corrected in accordance with the provisions of 37 CFR 1.48(a). See MPEP § 602.01(c) et seq. for a detailed discussion of correction of inventorship, correcting or updating the name of an inventor, and adjusting the order of the names of joint inventors. Note that a request to correct the inventorship filed under 37 CFR 1.48(a) should identify the inventorship change and must be accompanied by a corrected application data sheet (ADS) including the legal name, residence, and mailing address of the inventor or each actual joint inventor (see 37 CFR 1.76(b)(1)) and the processing fee set forth in 37 CFR 1.17(i). The ADS submitted with a request under 37 CFR 1.48(a) must identify the information being changed with underlining for insertions and strike-through or brackets for text removed. See MPEP § 602.01(c)(1). In addition, in accordance with 37 CFR 1.48(c), a request to correct or change the inventorship under 37 CFR 1.48(a) filed after the Office action on the merits has been given or mailed in the application must also be accompanied by the fee set forth in 37 CFR 1.17(d).
Inventorship may be corrected in accordance with the provisions of 37 CFR 1.48(a). See MPEP § 602.01(c) et seq. for a detailed discussion of correction of inventorship, correcting or updating the name of an inventor, and adjusting the order of the names of joint inventors. Note that a request to correct the inventorship filed under 37 CFR 1.48(a) should identify the inventorship change and must be accompanied by a corrected application data sheet (ADS) including the legal name, residence, and mailing address of the inventor or each actual joint inventor (see 37 CFR 1.76(b)(1)) and the processing fee set forth in 37 CFR 1.17(i). The ADS submitted with a request under 37 CFR 1.48(a) must identify the information being changed with underlining for insertions and strike-through or brackets for text removed. See MPEP § 602.01(c)(1). In addition, in accordance with 37 CFR 1.48(c), a request to correct or change the inventorship under 37 CFR 1.48(a) filed after the Office action on the merits has been given or mailed in the application must also be accompanied by the fee set forth in 37 CFR 1.17(d).
Inventorship may be corrected in accordance with the provisions of 37 CFR 1.48(a). See MPEP § 602.01(c) et seq. for a detailed discussion of correction of inventorship, correcting or updating the name of an inventor, and adjusting the order of the names of joint inventors. Note that a request to correct the inventorship filed under 37 CFR 1.48(a) should identify the inventorship change and must be accompanied by a corrected application data sheet (ADS) including the legal name, residence, and mailing address of the inventor or each actual joint inventor (see 37 CFR 1.76(b)(1)) and the processing fee set forth in 37 CFR 1.17(i). The ADS submitted with a request under 37 CFR 1.48(a) must identify the information being changed with underlining for insertions and strike-through or brackets for text removed. See MPEP § 602.01(c)(1). In addition, in accordance with 37 CFR 1.48(c), a request to correct or change the inventorship under 37 CFR 1.48(a) filed after the Office action on the merits has been given or mailed in the application must also be accompanied by the fee set forth in 37 CFR 1.17(d).
Inventorship may be corrected in accordance with the provisions of 37 CFR 1.48(a). See MPEP § 602.01(c) et seq. for a detailed discussion of correction of inventorship, correcting or updating the name of an inventor, and adjusting the order of the names of joint inventors. Note that a request to correct the inventorship filed under 37 CFR 1.48(a) should identify the inventorship change and must be accompanied by a corrected application data sheet (ADS) including the legal name, residence, and mailing address of the inventor or each actual joint inventor (see 37 CFR 1.76(b)(1)) and the processing fee set forth in 37 CFR 1.17(i). The ADS submitted with a request under 37 CFR 1.48(a) must identify the information being changed with underlining for insertions and strike-through or brackets for text removed. See MPEP § 602.01(c)(1). In addition, in accordance with 37 CFR 1.48(c), a request to correct or change the inventorship under 37 CFR 1.48(a) filed after the Office action on the merits has been given or mailed in the application must also be accompanied by the fee set forth in 37 CFR 1.17(d).
The name of an inventor may be corrected or updated and the order of the names of the joint inventors may be adjusted in accordance with the provisions of 37 CFR 1.48(f). 37 CFR 1.48(f) specifically provides that any request to correct or update the name of the inventor or a joint inventor, or the order of the names of joint inventors, in a nonprovisional application must include: (1) an ADS in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name in the desired order (identifying the information that is being changed as required by 37 CFR 1.76(c)(2)); and (2) the processing fee set forth in 37 CFR 1.17(i). In addition to the corrected ADS, the request should also identify the desired inventor name change. See MPEP § 602.01(c)(2).
The name of an inventor may be corrected or updated and the order of the names of the joint inventors may be adjusted in accordance with the provisions of 37 CFR 1.48(f). 37 CFR 1.48(f) specifically provides that any request to correct or update the name of the inventor or a joint inventor, or the order of the names of joint inventors, in a nonprovisional application must include: (1) an ADS in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name in the desired order (identifying the information that is being changed as required by 37 CFR 1.76(c)(2)); and (2) the processing fee set forth in 37 CFR 1.17(i). In addition to the corrected ADS, the request should also identify the desired inventor name change. See MPEP § 602.01(c)(2).
The name of an inventor may be corrected or updated and the order of the names of the joint inventors may be adjusted in accordance with the provisions of 37 CFR 1.48(f). 37 CFR 1.48(f) specifically provides that any request to correct or update the name of the inventor or a joint inventor, or the order of the names of joint inventors, in a nonprovisional application must include: (1) an ADS in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name in the desired order (identifying the information that is being changed as required by 37 CFR 1.76(c)(2)); and (2) the processing fee set forth in 37 CFR 1.17(i). In addition to the corrected ADS, the request should also identify the desired inventor name change. See MPEP § 602.01(c)(2).
Mandatory Application Elements
37 CFR 1.48(b) provides that an oath or declaration as required by 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, will be required for any actual inventor who has not yet executed such an oath or declaration. Accordingly, where an inventor is added pursuant to 37 CFR 1.48(a) after publication of the international registration, an executed oath or declaration from the inventor will be required. See MPEP § 2920.04(c).
37 CFR 1.48(b) provides that an oath or declaration as required by 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, will be required for any actual inventor who has not yet executed such an oath or declaration. Accordingly, where an inventor is added pursuant to 37 CFR 1.48(a) after publication of the international registration, an executed oath or declaration from the inventor will be required. See MPEP § 2920.04(c).
Hague Definitions
Pursuant to 37 CFR 1.41(f), the inventorship of an international design application designating the United States is the creator or creators set forth in the publication of the international registration under Hague Agreement Article 10(3).
Foreign Priority for International Designs
Under the laws of certain foreign countries, the creator may be a legal entity. Under U.S. national law, however, the inventor cannot be a juristic entity. Where a nonprovisional international design application identifies a juristic entity as an inventor, Form Paragraph 29.04 should be used to reject the claim under 35 U.S.C. 171 and 35 U.S.C. 115 for failing to set forth the correct inventorship:
Inventorship for International Designs
Under the laws of certain foreign countries, the creator may be a legal entity. Under U.S. national law, however, the inventor cannot be a juristic entity. Where a nonprovisional international design application identifies a juristic entity as an inventor, Form Paragraph 29.04 should be used to reject the claim under 35 U.S.C. 171 and 35 U.S.C. 115 for failing to set forth the correct inventorship:
Design Claim Form
Under the laws of certain foreign countries, the creator may be a legal entity. Under U.S. national law, however, the inventor cannot be a juristic entity. Where a nonprovisional international design application identifies a juristic entity as an inventor, Form Paragraph 29.04 should be used to reject the claim under 35 U.S.C. 171 and 35 U.S.C. 115 for failing to set forth the correct inventorship:
Examiner Form Paragraphs
Examiner form paragraphs are standard language that you might see in an Office Action or communication from the USPTO. Examiners have latitude to change the form paragraphs, but you will often see this exact language.
Requirements applicable to design applications under 35 U.S.C. chapter 16 apply to international design applications except as otherwise provided under 35 U.S.C. chapter 38. See 35 U.S.C. 382(c) , 383 , and 389(b) .
35 U.S.C. 171(b) reads as follows:
(b) APPLICABILITY OF THIS TITLE.—The provisions of this title relating to patents for inventions shall apply to patents for designs, except as otherwise provided.
35 U.S.C. 115(a) reads as follows (in part):
An application for patent that is filed under section 111(a) or commences the national stage under section 371 shall include, or be amended to include, the name of the inventor for any invention claimed in the application.
The present application sets forth incorrect inventorship because [1] .
The claim is rejected under 35 U.S.C. 171 and 35 U.S.C. 115 for failing to set forth the correct inventorship for the reasons stated above.
Applicant may correct inventorship pursuant to 37 CFR 1.48(a) by submitting to the USPTO a properly signed and marked-up application data sheet (ADS) identifying each inventor by his or her legal name and accompanied by the required processing fee ( 37 CFR 1.17(i) ). Any request to correct or change the inventorship under 37 CFR 1.48(a) filed after the Office action on the merits has been given or mailed in the application must also be accompanied by the fee set forth in 37 CFR 1.17(d) . A corrected application data sheet in compliance with 37 CFR 1.76(c) must identify the information that is being changed, with underlining for insertions, and strike-through or brackets for text removed. In addition, an oath or declaration as required by 37 CFR 1.63 , or a substitute statement in compliance with 37 CFR 1.64 , will be required for any actual inventor who has not yet executed such an oath or declaration. See 37 CFR 1.48(b) . The ADS, inventor's declaration, and substitute statement forms are available on the website of the USPTO at www.uspto.gov/patent/forms/forms .
In bracket 1, insert the basis for concluding that the inventorship is incorrect (e.g., "under U.S. national law, the inventor cannot be a juristic entity").
- Request to Correct Inventorship Must Include ADS and Fee
- Request to Correct Inventorship Must Include ADS and Fee
- Application Data Sheet Must Identify Changed Information
- Fee Required for Post-Office Action Inventorship Change
- Oath or Declaration Required for Inventors
- Oath or Declaration Required for Added Inventor After Publication
- Request to Correct Inventor Names and Order
- Request for Inventor Name Change Must Include ADS and Fee
Citations
| Primary topic | Citation |
|---|---|
| Design Claim Form Foreign Priority for International Designs Inventorship for International Designs | 35 U.S.C. § 115 |
| Design Claim Form Foreign Priority for International Designs Inventorship for International Designs | 35 U.S.C. § 171 |
| Processing Fees | 37 CFR § 1.17(d) |
| Processing Fees | 37 CFR § 1.17(i) |
| Hague Definitions | 37 CFR § 1.41(f) |
| Mandatory Application Elements Processing Fees | 37 CFR § 1.48(a) |
| Mandatory Application Elements | 37 CFR § 1.48(b) |
| Processing Fees | 37 CFR § 1.48(c) |
| Processing Fees | 37 CFR § 1.48(f) |
| Mandatory Application Elements | 37 CFR § 1.63 |
| Mandatory Application Elements | 37 CFR § 1.64 |
| Processing Fees | 37 CFR § 1.76 |
| Processing Fees | 37 CFR § 1.76(b)(1) |
| Processing Fees | 37 CFR § 1.76(c)(2) |
| Mandatory Application Elements | MPEP § 2920.04(c) |
| Processing Fees | MPEP § 602.01(c) |
| Processing Fees | MPEP § 602.01(c)(1) |
| Processing Fees | MPEP § 602.01(c)(2) |
| Design Claim Form Foreign Priority for International Designs Inventorship for International Designs | Form Paragraph § 29.04 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2920.01 — Inventorship
Source: USPTO2920.01 Inventorship [R-01.2024]
37 CFR 1.41 Inventorship.
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- (f) The inventorship of an international design application designating the United States is the creator or creators set forth in the publication of the international registration under Hague Agreement Article 10(3). Any correction of inventorship must be pursuant to § 1.48.
Pursuant to 37 CFR 1.41(f), the inventorship of an international design application designating the United States is the creator or creators set forth in the publication of the international registration under Hague Agreement Article 10(3).
Inventorship may be corrected in accordance with the provisions of 37 CFR 1.48(a). See MPEP § 602.01(c)et seq. for a detailed discussion of correction of inventorship, correcting or updating the name of an inventor, and adjusting the order of the names of joint inventors. Note that a request to correct the inventorship filed under 37 CFR 1.48(a) should identify the inventorship change and must be accompanied by a corrected application data sheet (ADS) including the legal name, residence, and mailing address of the inventor or each actual joint inventor (see 37 CFR 1.76(b)(1)) and the processing fee set forth in 37 CFR 1.17(i). The ADS submitted with a request under 37 CFR 1.48(a) must identify the information being changed with underlining for insertions and strike-through or brackets for text removed. See MPEP § 602.01(c)(1). In addition, in accordance with 37 CFR 1.48(c), a request to correct or change the inventorship under 37 CFR 1.48(a) filed after the Office action on the merits has been given or mailed in the application must also be accompanied by the fee set forth in 37 CFR 1.17(d).
37 CFR 1.48(b) provides that an oath or declaration as required by 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, will be required for any actual inventor who has not yet executed such an oath or declaration. Accordingly, where an inventor is added pursuant to 37 CFR 1.48(a) after publication of the international registration, an executed oath or declaration from the inventor will be required. See MPEP § 2920.04(c).
The name of an inventor may be corrected or updated and the order of the names of the joint inventors may be adjusted in accordance with the provisions of 37 CFR 1.48(f). 37 CFR 1.48(f) specifically provides that any request to correct or update the name of the inventor or a joint inventor, or the order of the names of joint inventors, in a nonprovisional application must include: (1) an ADS in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name in the desired order (identifying the information that is being changed as required by 37 CFR 1.76(c)(2)); and (2) the processing fee set forth in 37 CFR 1.17(i). In addition to the corrected ADS, the request should also identify the desired inventor name change. See MPEP § 602.01(c)(2).
Under the laws of certain foreign countries, the creator may be a legal entity. Under U.S. national law, however, the inventor cannot be a juristic entity. Where a nonprovisional international design application identifies a juristic entity as an inventor, Form Paragraph 29.04 should be used to reject the claim under 35 U.S.C. 171 and 35 U.S.C. 115 for failing to set forth the correct inventorship:
¶ 29.04 Statement of Statutory Bases, Improper Inventorship in International Design Application
Requirements applicable to design applications under 35 U.S.C. chapter 16 apply to international design applications except as otherwise provided under 35 U.S.C. chapter 38. See 35 U.S.C. 382(c), 383, and 389(b).
35 U.S.C. 171(b) reads as follows:
(b) APPLICABILITY OF THIS TITLE.—The provisions of this title relating to patents for inventions shall apply to patents for designs, except as otherwise provided.
35 U.S.C. 115(a) reads as follows (in part):
An application for patent that is filed under section 111(a) or commences the national stage under section 371 shall include, or be amended to include, the name of the inventor for any invention claimed in the application.
The present application sets forth incorrect inventorship because [1].
The claim is rejected under 35 U.S.C. 171 and 35 U.S.C. 115 for failing to set forth the correct inventorship for the reasons stated above.
Applicant may correct inventorship pursuant to 37 CFR 1.48(a) by submitting to the USPTO a properly signed and marked-up application data sheet (ADS) identifying each inventor by his or her legal name and accompanied by the required processing fee (37 CFR 1.17(i)). Any request to correct or change the inventorship under 37 CFR 1.48(a) filed after the Office action on the merits has been given or mailed in the application must also be accompanied by the fee set forth in 37 CFR 1.17(d). A corrected application data sheet in compliance with 37 CFR 1.76(c) must identify the information that is being changed, with underlining for insertions, and strike-through or brackets for text removed. In addition, an oath or declaration as required by 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, will be required for any actual inventor who has not yet executed such an oath or declaration. See 37 CFR 1.48(b). The ADS, inventor’s declaration, and substitute statement forms are available on the website of the USPTO at www.uspto.gov/patent/forms/forms.
Examiner Note:
In bracket 1, insert the basis for concluding that the inventorship is incorrect (e.g., “under U.S. national law, the inventor cannot be a juristic entity”).