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…
Read MoreAre Information Disclosure Statements allowed in provisional patent applications?
No, Information Disclosure Statements (IDSs) are not permitted in provisional patent applications. The MPEP clearly states: Information Disclosure Statements (IDSs) are not permitted in provisional applications filed under 35 U.S.C. 111(b). See 37 CFR 1.51(d). The reason for this is that provisional applications do not undergo substantive examination. As the MPEP explains: Since no substantive…
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