Can there be joint inventors for a plant patent?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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, 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.