How does the AIA change joint inventorship requirements?
How does the AIA change joint inventorship requirements?
The America Invents Act (AIA) introduced significant changes to joint inventorship requirements:
- Elimination of ‘without deceptive intention’: The AIA removed the requirement that joint inventors make their respective contributions ‘without deceptive intention.’ This simplifies the inventorship determination process.
- Broader inventorship criteria: The AIA expanded the definition of joint inventorship, allowing for more flexibility in determining who qualifies as a joint inventor.
- Changes to oath or declaration: The AIA modified the requirements for inventor’s oath or declaration, impacting how joint inventors are identified and verified in patent applications.
As stated in MPEP 602.09: ‘The AIA eliminated the requirement that each joint inventor make their contribution jointly with the other joint inventors.’
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Topics:
Patent Law,
Patent Procedure