Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Patent Law (2)
The requirement for an inventor’s citizenship in patent applications has changed:
- For applications filed on or after September 16, 2012: Citizenship is no longer required by 35 U.S.C. 115 or 37 CFR 1.63.
- For nonprovisional applications filed before September 16, 2012: Citizenship was required under pre-AIA 35 U.S.C. 115.
As stated in the MPEP: “For applications filed on or after September 16, 2012, the citizenship of the inventor is no longer required by 35 U.S.C. 115 or 37 CFR 1.63.”
For older applications, if an inventor is not a citizen of any country, a statement to this effect is accepted as satisfying the statutory requirement.
To learn more:
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:
Patent Procedure (2)
The requirement for an inventor’s citizenship in patent applications has changed:
- For applications filed on or after September 16, 2012: Citizenship is no longer required by 35 U.S.C. 115 or 37 CFR 1.63.
- For nonprovisional applications filed before September 16, 2012: Citizenship was required under pre-AIA 35 U.S.C. 115.
As stated in the MPEP: “For applications filed on or after September 16, 2012, the citizenship of the inventor is no longer required by 35 U.S.C. 115 or 37 CFR 1.63.”
For older applications, if an inventor is not a citizen of any country, a statement to this effect is accepted as satisfying the statutory requirement.
To learn more:
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: