Can a patent examiner request information about inventorship?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, a patent examiner can request information about inventorship during the examination process. The MPEP 704.11 explicitly states that examiners may request:

“Names of persons to whom the invention was disclosed.”

This information may be requested to:

  • Clarify the correct inventorship of the application
  • Determine if there are any potential issues with joint inventorship
  • Assess whether any public disclosures may affect patentability

Applicants should be prepared to provide accurate information about who contributed to the invention and any disclosures made prior to filing. This helps ensure that the patent, if granted, lists the correct inventors and avoids potential future disputes.

Tags: information requests, invention disclosure, inventorship, patent examination