Is an inventor’s citizenship required in patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 requirement for an inventor’s citizenship in patent applications has changed:

  • For applications filed on or after September 16, 2012: Citizenship is no longer required by 35 U.S.C. 115 or 37 CFR 1.63.
  • For nonprovisional applications filed before September 16, 2012: Citizenship was required under pre-AIA 35 U.S.C. 115.

As stated in the MPEP: “For applications filed on or after September 16, 2012, the citizenship of the inventor is no longer required by 35 U.S.C. 115 or 37 CFR 1.63.”

For older applications, if an inventor is not a citizen of any country, a statement to this effect is accepted as satisfying the statutory requirement.

Topics: Patent Law Patent Procedure
Tags: Aia Changes, Inventor Citizenship, patent application requirements