How does the USPTO evaluate diligence in joint inventorship cases?
How does the USPTO evaluate diligence in joint inventorship cases?
In cases of joint inventorship, the USPTO evaluates diligence differently than for sole inventors. According to MPEP 715.07(a):
‘Where two or more inventors are involved, only one need show diligence. It is not necessary that the efforts of the joint inventors be continuous, so long as one of them was diligent during the entire critical period.’
This means that in a joint invention scenario:
- Only one inventor needs to demonstrate diligence throughout the critical period
- The efforts of the inventors can be alternating or intermittent
- As long as at least one inventor was continuously diligent, the requirement is satisfied
It’s important for joint inventors to maintain clear records of their individual contributions and activities during the critical period to support a claim of diligence if necessary.
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