What should I consider regarding inventorship when responding to a restriction requirement in an international design application?
When responding to a restriction requirement in an international design application, it’s important to consider the potential need to correct inventorship. This is particularly relevant if you’re cancelling non-elected designs, as it may affect who qualifies as an inventor for the remaining design(s).
According to MPEP 2920.05(b): “Applicants should consider the need to correct inventorship under 37 CFR 1.48 as a result of a restriction requirement and further note that correction of inventorship after an Office action on the merits is subject to an additional fee under 37 CFR 1.48(c).“
It’s important to note that correcting inventorship after an Office action on the merits will incur an additional fee. For more information on correcting inventorship, refer to MPEP § 602.01(c)(1).
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