Can 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 More

Can 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 More

What 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…

Read More