What are the requirements for joint inventors in provisional patent applications?

According to 37 CFR 1.45(c), for provisional applications: Each named inventor must have contributed to the subject matter disclosed in the application. The application is considered a joint application under 35 U.S.C. 116. The MPEP clarifies: Because provisional applications may be filed without claims, 37 CFR 1.45(c) states that each inventor named in a joint…

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What happens to a patent application with multiple inventors if one inventor dies?

When a patent application has multiple inventors and one of them dies, the process for continuing the application depends on whether there’s a power of attorney in place. According to MPEP 409.01(a): When an application is being prosecuted by joint inventor-applicants without a joint inventor-applicant or patent practitioner having been granted a power of attorney,…

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What information about the nonsigning inventor must be included in the patent application?

When filing a patent application with an unavailable joint inventor, you must include the last known address of the nonsigning inventor. As stated in MPEP 409.03(a): “The last known address of the nonsigning joint inventor must be stated.” For more details on providing this information, refer to MPEP 409.03(e). This requirement helps the USPTO in…

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What are the requirements for filing a patent application when one joint inventor is unavailable?

When filing a patent application with at least one unavailable joint inventor under pre-AIA 37 CFR 1.47(a), the following requirements must be met: All available joint inventors must make an oath or declaration for themselves and on behalf of the nonsigning inventor. Proof must be provided that the nonsigning inventor cannot be found or refuses…

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