How does the USPTO presume inventorship in patent applications?
The USPTO generally presumes that the named inventors in a patent application are the true inventors of the claimed subject matter. This presumption is mentioned in MPEP 2157: “The Office presumes that the named inventor or joint inventors in the application are the actual inventor or joint inventors to be named on the patent. See…
Read MoreHow does the USPTO handle situations where an incorrect inventor is named in a patent application?
The USPTO has several mechanisms to address situations where an incorrect inventor is named in a patent application. According to MPEP 2157: Derivation proceeding under 35 U.S.C. 135 Correction of inventorship under 37 CFR 1.48 Rejection under 35 U.S.C. 101 and 35 U.S.C. 115 The MPEP states: “A situation in which an application names a…
Read MoreCan a patent examiner reject claims based on improper inventorship?
Yes, a patent examiner can reject claims based on improper inventorship. MPEP 2157 provides guidance on this matter: “In the rare situation where it is clear that the application does not name the correct inventorship and the applicant has not filed a request to correct inventorship under 37 CFR 1.48, Office personnel should reject the…
Read MoreWhat is a derivation proceeding and how does it relate to improper naming of inventors?
A derivation proceeding is a legal process used to determine the true inventor(s) of a claimed invention when there is a dispute about inventorship. MPEP 2157 mentions derivation proceedings in the context of improper naming of inventors: “A situation in which an application names a person who is not the actual inventor as the inventor…
Read MoreWhat should an applicant do if they discover an error in the named inventors of a patent application?
If an applicant discovers an error in the named inventors of a patent application, they should take prompt action to correct the inventorship. According to MPEP 2157: “Where an application names an incorrect inventorship, the applicant should submit a request to correct inventorship under 37 CFR 1.48. See MPEP § 602.01(c) et seq.“ The process…
Read MoreWhat are the requirements for naming inventors in a patent application under the AIA?
Under the America Invents Act (AIA), the naming of the actual inventor or joint inventors of the claimed subject matter is still required. As stated in MPEP 2157: “The patent laws still require the naming of the actual inventor or joint inventors of the claimed subject matter. See 35 U.S.C. 115(a) (‘[a]n application for patent…
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