What are the requirements for naming inventors in a PCT application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

When filing a PCT application, it’s important to correctly name the inventors. According to MPEP 1806:

“The applicant shall, upon filing the international application, or when complying with Rule 4.17(iv) within the prescribed time limit, declare the inventor’s name and address, unless the inventor has died or is under legal incapacity.”

This means that:

  • Inventors must be named in the PCT application
  • Both the name and address of each inventor should be provided
  • If an inventor has died or is legally incapacitated, this should be noted

It’s crucial to ensure all inventors are properly identified to maintain the validity of the application and any resulting patents.

Tags: Inventor Naming, patent application requirements, Pct Application