What happens if I file a provisional application with multiple inventors?

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 provisional application with multiple inventors, it’s important to note that:

• All inventors must be named in the application.
• Each inventor must sign an oath or declaration, either in the provisional application or in the later-filed nonprovisional application.
• The inventorship of the provisional application should match that of any subsequent nonprovisional application claiming benefit.

According to MPEP 201.04: “The inventorship of a provisional application is that inventorship set forth in the cover sheet as prescribed by 37 CFR 1.51(c)(1) filed with the provisional application.” This means that the cover sheet must accurately reflect all inventors involved in the invention described in the provisional application.