What is considered ‘substantive involvement’ in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Guidance on Compliance with Duty of Disclosure Regardless of Materiality Standard MPEP 2000 Duty of Disclosure Applies to Individuals Only MPEP 2001.01 Requirement for Individuals Substantively Involved in Reexamination Proceedings MPEP 2001.01 Duty to Disclose Material Information MPEP 2000.01 Duty to Disclose Material Information MPEP 2001.04 Duty to Disclose Information Material to Patentability MPEP 2001.01 Requirement for Individuals Involved in Application Preparation MPEP 2001 Inventors, Attorneys, Agents, and Substantively Involved Individuals Must Disclose Information Material to Patentability MPEP 2001 AIA Amends Duty to Disclose Errors Without Deceptive Intent MPEP 2000 Duty of Disclosure Materiality Revised Based on Therasense MPEP 2000 Other Related FAQs 5 FAQs Collapse How does the duty ...