What is considered ‘substantive involvement’ in a patent application?
The MPEP doesn’t provide a precise definition of ‘substantive involvement’, but it does offer guidance on who is considered substantively involved in the preparation or prosecution of a patent application. According to 37 CFR 1.56(c), this includes:
“Every other person who is substantively involved in the preparation or prosecution of the application and who is associated with the inventor, the applicant, an assignee, or anyone to whom there is an obligation to assign the application.”
The MPEP clarifies that this does not include “typists, clerks, and similar personnel who assist with an application.” Substantive involvement typically refers to individuals who make significant contributions to the content of the application or decisions about its prosecution, rather than those performing purely administrative tasks.
To learn more: