37 CFR § 1.45 — Application for patent by joint (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.45 Application for patent by joint
This page consolidates MPEP guidance interpreting 37 CFR § 1.45, including 74 rules 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.
Summary
Joint inventors must submit a copy of the international application and pay the basic national fee within 30 months from the priority date to maintain their patent rights.
What this section covers
- This section covers submission requirements for joint patent applications, including paying the basic national fee and submitting a copy of the international application within 30 months from the priority date.
Key obligations
- Joint inventors must pay the basic national fee and submit a copy of the international application within 30 months from the priority date.
- Failure to meet this deadline may result in loss of priority rights.
- Adhering to the 30-month deadline is a key compliance obligation.
Practice notes
- Ensure all required documents are prepared and submitted on time to avoid delays.
- Missing the 30-month deadline can lead to losing priority rights.
Official MPEP § 1.45 — Application for patent by joint
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.45 Application for patent by joint inventors.
[Editor Note: Applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 *]
- (a) Joint inventors must apply for a patent jointly, and each must make an inventor’s oath or declaration as required by § 1.63 , except as provided for in § 1.64 . If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, the other joint inventor or inventors may make the application for patent on behalf of themselves and the omitted inventor. See § 1.64 concerning the execution of a substitute statement by the other joint inventor or inventors in lieu of an oath or declaration.
- (b) Inventors may apply for a patent jointly even
though:
- (1) They did not physically work together or at the same time;
- (2) Each inventor did not make the same type or amount of contribution; or
- (3) Each inventor did not make a contribution to the subject matter of every claim of the application.
- (c) If multiple inventors are named in a nonprovisional application, each named inventor must have made a contribution, individually or jointly, to the subject matter of at least one claim of the application and the application will be considered to be a joint application under 35 U.S.C. 116 . If multiple inventors are named in a provisional application, each named inventor must have made a contribution, individually or jointly, to the subject matter disclosed in the provisional application and the provisional application will be considered to be a joint application under 35 U.S.C. 116 .
[paras. (b) and (c), 47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; 48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; 50 FR 9379, Mar. 7, 1985, effective May 8, 1985; para. (c) revised, 60 FR 20195, Apr. 25, 1995, effective June 8, 1995; revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]
[ *The changes effective Sept. 16, 2012 are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012. See § 1.45 (pre‑AIA) for the rule otherwise in effect.]
-
- Aia Overview
-
-
- Assignment Ownership
- Assignee Rights
- Filing By Assignee
-
- Pct
- Pct Filing
- Power Of Attorney
- Poa Requirements
-
- Restriction
-
- Restriction Basis
-
-
- Signature Requirements
- Signature Assignee