Does the best mode requirement apply to all inventors listed on a patent application?
Yes, the best mode requirement applies to all inventors listed on a patent application, even if they were not the original discoverer of that mode. The MPEP 2165 clearly states: “All applicants are required to disclose for the claimed subject matter the best mode contemplated by the inventor even if the inventor was not the…
Read MoreCan there be joint inventors for a plant patent?
Yes, plant patent applications can have joint inventors. This is explicitly stated in MPEP 1604: In an application for a plant patent, there can be joint inventors. This statement is supported by the case Ex parte Kluis, 70 USPQ 165 (Bd. App. 1945), which established this precedent. To learn more: plant patent joint inventors multiple…
Read MoreCan a petition under 37 CFR 1.47(a) be filed for multiple unavailable inventors?
Yes, a petition under 37 CFR 1.47(a) can be filed for multiple unavailable inventors. The MPEP 409.03(b) states: ‘Where there are joint inventors, each nonsigning inventor must be petitioned for separately, even if more than one nonsigning inventor is unavailable.’ This means that while a single petition can cover multiple unavailable inventors, the petition must…
Read MoreWhat happens if I file a provisional application with multiple inventors?
What happens if I file a provisional application with multiple inventors? When filing a provisional application with multiple inventors, it’s important to note that: All inventors must be named in the application. Each inventor must sign an oath or declaration, either in the provisional application or in the later-filed nonprovisional application. The inventorship of the…
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