What is the significance of naming inventors in publications and patent applications?

The naming of inventors in publications and patent applications is crucial for determining whether a disclosure qualifies for the grace period inventor-originated disclosure exception. The MPEP provides specific guidance:

This means that in circumstances where an application names additional persons as joint inventors relative to the persons named as authors in the publication (e.g., the application names as joint inventors A, B, and C, and the publication names as authors A and B), and the publication is one year or less before the effective filing date, it is apparent that the disclosure is a grace period inventor disclosure, and the publication is not prior art under AIA 35 U.S.C. 102(a)(1).

However, if the application names fewer joint inventors than a publication, it would not be readily apparent that it’s an inventor-originated disclosure. In such cases, the publication would be treated as prior art unless there’s evidence that an exception applies.

This highlights the importance of carefully considering and accurately naming inventors in both publications and patent applications to ensure proper application of the grace period exception.

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2153.01 - Prior Art Exception Under Aia 35 U.S.C. 102(B)(1)(A) To Aia 35 U.S.C. 102(A)(1) (Grace Period Inventor - Originated Disclosure Exception), Patent Law, Patent Procedure
Tags: AIA, grace period, Inventor Disclosure, Naming Inventors, prior art exception