What are the requirements for naming inventors in a patent application under the AIA?
Under the America Invents Act (AIA), the naming of the actual inventor or joint inventors of the claimed subject matter is still required. As stated in MPEP 2157:
“The patent laws still require the naming of the actual inventor or joint inventors of the claimed subject matter. See 35 U.S.C. 115(a) (‘[a]n application for patent that is filed under [35 U.S.C.] 111(a) or commences the national stage under [35 U.S.C.] 371 shall include, or be amended to include, the name of the inventor for any invention claimed in the application’).“
This means that even though the AIA eliminated pre-AIA 35 U.S.C. 102(f), patent applications must still correctly identify the true inventor(s) of the claimed invention.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2157 - Improper Naming Of Inventors,
Patent Law,
Patent Procedure