How does U.S. patent law differ from other countries regarding inventorship?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. The MPEP highlights a key difference between U.S. patent law and that of other countries regarding inventorship: “The requirement that the applicant for a patent in an application filed before September 16, 2012 be the inventor(s) (except as otherwise provided in pre-AIA 37 CFR 1.41), and that the inventor or each joint inventor be identified in applications filed on or after September 16, 2012, are characteristics of U.S. patent law not generally shared by other countries.” MPEP 2109 This means that in the U.S., the actual inventors must be named on the patent application, whereas in some other countries, the applicant (who may be a company or assignee) can be named instead of or in addition to the inventors. This difference can lead to confusion for foreign applicants filing in the U.S. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inventors Must Be Identified After September 16, 2012 MPEP 2109 Permitted Same Inventor or Common Joint Inventor Required for Priority Claim MPEP 2109 Permitted Inventors Must Be Individuals MPEP 2109 Inventors Must Be Natural Persons MPEP 2109 Required Inventors Must Match Between Applications MPEP 2109 Required Inventorship Must Be Named in Application MPEP 2109 Permitted Inventors Must Be Individuals MPEP 2109 Inventors Must Be Individuals MPEP 2109 Inventors Must Be Individuals MPEP 2109 Inventors Must Be Natural Persons MPEP 2109 Prohibited Other Related FAQs 5 FAQs Collapse Is reduction to practice necessary to be considered an inventor? What constitutes conception of an invention? What is the definition of joint inventorship? Who can be named as an inventor on a patent application? What happens if a joint inventor refuses t...