What happens if a nonsigning inventor believes they are the sole inventor?
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.
If a nonsigning inventor believes they are the sole inventor of an invention claimed in a pre-AIA 37 CFR 1.47 application where they are named as a joint inventor, they have a specific course of action available to them.
According to MPEP 409.03(i):
“If a nonsigning inventor feels that he or she is the sole inventor of an invention claimed in a pre-AIA 37 CFR 1.47 application naming him or her as a joint inventor, the nonsigning inventor may file his or her own application and request that his or her application be placed in interference with the pre-AIA 37 CFR 1.47 application.”
This means that the nonsigning inventor can:
- File their own separate patent application for the invention
- Request that their application be placed in interference with the pre-AIA 37 CFR 1.47 application
The MPEP further states: “If the claims in both the nonsigning inventor’s application and the pre-AIA 37 CFR 1.47 application are otherwise found allowable, an interference may be declared.”
An interference proceeding is a process used to determine which party has the right to a patent when two or more parties claim the same invention.