What are the consequences of omitting the inventor’s name in a provisional application?
What are the consequences of omitting the inventor’s name in a provisional application?
Omitting the inventor’s name in a provisional application can have serious consequences. According to MPEP 601.01(b):
“The inventorship of a provisional application is not considered to be relevant except when necessary to determine the proprietorship of the invention for purposes of double patenting rejections or if priority is claimed to the provisional application in a foreign filed application.”
While the inventorship may not be immediately relevant for the provisional application itself, it becomes crucial when:
- Filing a non-provisional application claiming priority to the provisional
- Claiming priority to the provisional in foreign applications
- Addressing potential double patenting issues
If the inventor’s name is omitted, it may complicate these processes and potentially lead to loss of priority rights or other legal issues. It’s always best practice to include accurate inventor information in all patent applications, including provisionals.
To learn more: