What are the requirements for joint inventors in provisional patent applications?

According to 37 CFR 1.45(c), for provisional applications:

• Each named inventor must have contributed to the subject matter disclosed in the application.
• The application is considered a joint application under 35 U.S.C. 116.

The MPEP clarifies: Because provisional applications may be filed without claims, 37 CFR 1.45(c) states that each inventor named in a joint provisional application must have made a contribution to the subject matter disclosed in the application. This ensures that all named inventors have contributed to the disclosed invention, even in the absence of formal claims.

To learn more:

• provisional patent application
• joint inventors
• 37 CFR 1.45
• subject matter contribution

To learn more:

• 37 CFR 1.45