How does the USPTO determine if inventors are truly joint inventors?
How does the USPTO determine if inventors are truly joint inventors?
The U.S. Patent and Trademark Office (USPTO) relies on the information provided by the applicants to determine joint inventorship. According to MPEP 602.09, ‘The specification must contain the names of all joint inventors.’ However, the USPTO does not typically investigate the accuracy of joint inventorship claims unless there is evidence of impropriety. The determination of joint inventorship is based on the 35 U.S.C. 116, which states that inventors may apply for a patent jointly even if:
- They did not physically work together or at the same time,
- Each did not make the same type or amount of contribution, or
- Each did not make a contribution to the subject matter of every claim of the patent.
If disputes arise, they are typically resolved through legal proceedings rather than by the USPTO itself.
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Topics:
Patent Law,
Patent Procedure