What are the requirements for joint inventors applying for a U.S. National Stage Application?

Joint inventors must follow specific requirements when applying for a U.S. National Stage Application. According to 37 CFR 1.45:

1. Joint inventors must apply for a patent jointly.
2. Each inventor must make an inventor’s oath or declaration as required by 37 CFR 1.63, except as provided for in 37 CFR 1.64.
3. If a joint inventor refuses to join in an application or cannot be found or reached after diligent effort, the other joint inventor(s) may make the application on behalf of themselves and the omitted inventor.

Importantly, the MPEP notes: “Inventors may apply for a patent jointly even though: (1) They did not physically work together or at the same time; (2) Each inventor did not make the same type or amount of contribution; or (3) Each inventor did not make a contribution to the subject matter of every claim of the application.” (See MPEP 1893.01(b))

For nonprovisional applications, each named inventor must have contributed to the subject matter of at least one claim. For provisional applications, each named inventor must have contributed to the subject matter disclosed in the application.

To learn more:

• Joint Inventors
• National Stage Application
• Inventor’s Oath
• Inventor’s Declaration
• Patent Application