You are here:  Ed9 10.2019 Guidebook  » Appendix II: 35 U.S.C. 102

2157    Improper Naming of Inventors

 This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA.

MPEP SECTION SUMMARY This section covers the improper naming of inventors in the patent application. Although the AIA eliminated pre-AIA 35 U.S.C. 102(f), the patent laws still require the naming of the actual inventor or joint inventors of the claimed subject matter.

“[A]n application for patent that is filed under [35 U.S.C.] 111(a) or commences the national stage under [35 U.S.C.] 371 shall include, or be amended to include, the name of the inventor for any invention claimed in the application”.

• The Office presumes that the named inventor or joint inventors in the application are the actual inventor or joint inventors to be named on the patent.

Where an application names an incorrect inventorship, the applicant should submit a request to correct inventorship under 37 CFR 1.48.

A rejection under pre-AIA 35 U.S.C. 102(f) should be not made if the application is subject to the first inventor to file provisions of the AIA.