Who can be named as an inventor on a patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

According to the Manual of Patent Examining Procedure (MPEP), an inventor must be a natural person. The MPEP states:

35 U.S.C. 100(f) defines the term ‘inventor’ as the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.”

This means that only individuals, not companies or artificial intelligence systems, can be named as inventors on a patent application.

Topics: MPEP 2100 - Patentability MPEP 2109 - Inventorship Patent Law Patent Procedure
Tags: Aia Effective Dates, Aia Overview, Contested Case Jurisdiction, Inventorship Aia, Preaia 102f