What is the significance of the order of inventors listed on a patent application?

What is the significance of the order of inventors listed on a patent application?

The order of inventors listed on a patent application does not affect their legal rights, but it may have other implications. According to the MPEP:

“The order of names of joint inventors in the heading of the application is not significant except in an application filed before September 16, 2012, where the order of named inventors determined the order of prosecution in the absence of an executed oath or declaration.” (MPEP 605)

While the order doesn’t impact legal rights, it’s common practice to list the primary contributor first. This can be important for:

• Academic recognition: In scientific publications, the first-listed inventor may receive more credit.
• Industry norms: Some fields have conventions about inventor order.
• Alphabetical order: Sometimes used to avoid implications of contribution levels.

Ultimately, all listed inventors have equal rights to the patent, regardless of their order on the application.

To learn more:

• inventor order
• patent application
• joint inventors
• inventor rights