Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2100 – Patentability (1)
The MPEP highlights a key difference between U.S. patent law and that of other countries regarding inventorship:
“The requirement that the applicant for a patent in an application filed before September 16, 2012 be the inventor(s) (except as otherwise provided in pre-AIA 37 CFR 1.41), and that the inventor or each joint inventor be identified in applications filed on or after September 16, 2012, are characteristics of U.S. patent law not generally shared by other countries.” MPEP 2109
This means that in the U.S., the actual inventors must be named on the patent application, whereas in some other countries, the applicant (who may be a company or assignee) can be named instead of or in addition to the inventors. This difference can lead to confusion for foreign applicants filing in the U.S.
To learn more:
MPEP 2109 – Inventorship (1)
The MPEP highlights a key difference between U.S. patent law and that of other countries regarding inventorship:
“The requirement that the applicant for a patent in an application filed before September 16, 2012 be the inventor(s) (except as otherwise provided in pre-AIA 37 CFR 1.41), and that the inventor or each joint inventor be identified in applications filed on or after September 16, 2012, are characteristics of U.S. patent law not generally shared by other countries.” MPEP 2109
This means that in the U.S., the actual inventors must be named on the patent application, whereas in some other countries, the applicant (who may be a company or assignee) can be named instead of or in addition to the inventors. This difference can lead to confusion for foreign applicants filing in the U.S.
To learn more:
Patent Law (2)
The inventor’s citizenship is an important piece of information in a patent application for several reasons:
- Compliance with USPTO requirements
- Determination of inventorship rights
- Application of international treaties
- Export control considerations
MPEP 602.08(a) states: ‘Citizenship is required to support an oath or declaration under 37 CFR 1.63 or to determine whether the application is subject to a secrecy order under 37 CFR 5.1(b).’
The citizenship information helps the USPTO ensure compliance with various legal requirements and international agreements, such as the Paris Convention for the Protection of Industrial Property.
To learn more:
The MPEP highlights a key difference between U.S. patent law and that of other countries regarding inventorship:
“The requirement that the applicant for a patent in an application filed before September 16, 2012 be the inventor(s) (except as otherwise provided in pre-AIA 37 CFR 1.41), and that the inventor or each joint inventor be identified in applications filed on or after September 16, 2012, are characteristics of U.S. patent law not generally shared by other countries.” MPEP 2109
This means that in the U.S., the actual inventors must be named on the patent application, whereas in some other countries, the applicant (who may be a company or assignee) can be named instead of or in addition to the inventors. This difference can lead to confusion for foreign applicants filing in the U.S.
To learn more:
Patent Procedure (2)
The inventor’s citizenship is an important piece of information in a patent application for several reasons:
- Compliance with USPTO requirements
- Determination of inventorship rights
- Application of international treaties
- Export control considerations
MPEP 602.08(a) states: ‘Citizenship is required to support an oath or declaration under 37 CFR 1.63 or to determine whether the application is subject to a secrecy order under 37 CFR 5.1(b).’
The citizenship information helps the USPTO ensure compliance with various legal requirements and international agreements, such as the Paris Convention for the Protection of Industrial Property.
To learn more:
The MPEP highlights a key difference between U.S. patent law and that of other countries regarding inventorship:
“The requirement that the applicant for a patent in an application filed before September 16, 2012 be the inventor(s) (except as otherwise provided in pre-AIA 37 CFR 1.41), and that the inventor or each joint inventor be identified in applications filed on or after September 16, 2012, are characteristics of U.S. patent law not generally shared by other countries.” MPEP 2109
This means that in the U.S., the actual inventors must be named on the patent application, whereas in some other countries, the applicant (who may be a company or assignee) can be named instead of or in addition to the inventors. This difference can lead to confusion for foreign applicants filing in the U.S.
To learn more: