Can joint inventors file separate patent applications for the same invention?
Can joint inventors file separate patent applications for the same invention?
No, joint inventors cannot file separate patent applications for the same invention. The MPEP 602.09 states: ‘Joint inventors must apply for a patent jointly and each must make the required oath or declaration.’ This means that all joint inventors must be included in a single patent application for their shared invention. Filing separate applications for the same invention could lead to legal complications and potential rejection of the applications. If inventors have made separate improvements to the invention, they may be able to file separate applications for those specific improvements, but not for the jointly invented core invention.
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Topics:
Patent Law,
Patent Procedure