What are the rights of a non-signing inventor in a patent application?

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.

A non-signing inventor, also known as an “inventor designee,” has certain rights in a patent application filed without their signature. According to MPEP § 409.03(i) (for applications filed before September 16, 2012):

• The non-signing inventor may protest their designation as an inventor
• They are entitled to inspect any paper in the application and order copies
• They can make their position of record in the file wrapper of the application
• They may arrange to do any of the above through a registered patent attorney or agent

However, the non-signing inventor is not entitled to a hearing and cannot prosecute the application if status under pre-AIA 37 CFR 1.47 has been accorded or if the proprietary interest of the pre-AIA 37 CFR 1.47(b) applicant has been shown.

For applications filed on or after September 16, 2012, similar principles apply, but the specific procedures may differ.