Can a legal entity be listed as an inventor in a U.S. design patent application?
No, a legal entity cannot be listed as an inventor in a U.S. design patent application. The MPEP 2920.01 clearly states:
“Under the laws of certain foreign countries, the creator may be a legal entity. Under U.S. national law, however, the inventor cannot be a juristic entity.”
This means that while some foreign countries may allow legal entities to be listed as creators or inventors, U.S. patent law requires that inventors must be natural persons. If a juristic entity is incorrectly listed as an inventor in an international design application designating the United States, it will result in a rejection of the application under 35 U.S.C. 171 and 35 U.S.C. 115 for failing to set forth the correct inventorship.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2920.01 - Inventorship,
Patent Law,
Patent Procedure