How does the Application Data Sheet affect inventorship in patent applications?
The Application Data Sheet (ADS) plays an important role in establishing and changing inventorship in patent applications:
- The ADS should include inventor information, including legal name, residence, and mailing address of each inventor.
- The naming of inventorship is governed by 37 CFR 1.41.
- Changes to inventorship or the names of inventors are governed by 37 CFR 1.48.
- In case of inconsistencies, the most recent submission will generally govern, except for inventorship issues.
37 CFR 1.76(d)(1) states: “The naming of the inventorship is governed by § 1.41 and changes to inventorship or the names of the inventors is governed by § 1.48.”
It’s important to note that while the ADS is used to provide inventor information, any changes to inventorship must comply with the specific requirements of 37 CFR 1.48, which may require additional documentation beyond just updating the ADS.
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Topics:
Patent Law,
Patent Procedure