35 U.S.C. § 116 — Inventors

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 231 words · no verdicts yet

in plain englishAI-generated · not legal advice

When two or more people jointly invent something, they must apply for a patent together. Joint inventors don't have to work together, equally, or on every claim. If one inventor won't join or can't be found, another may apply alone and add corrections later.

(a) Joint Inventions — When two or more people jointly make an invention, they must apply for the patent together, and each must swear the required oath — unless this title says otherwise. They can still apply jointly even if: (1) they never physically worked together or at the same time; (2) they each contributed a different type or amount of work; or (3) one of them didn't contribute to every single claim in the patent. (b) Omitted Inventor — If a joint inventor refuses to join the application, or can't be found or reached after a real effort, the other inventor(s) may apply on behalf of themselves and the missing inventor. After the Director gets proof of the facts and gives the omitted inventor whatever notice the Director requires, the Director may grant the patent to the inventor who applied — but the omitted inventor keeps the same rights they would have had if they'd joined. That omitted inventor may still join the application later. (c) Correction of Errors in Application — If someone was named as an inventor by mistake, or an inventor was mistakenly left off, the Director may allow the application to be corrected, under whatever terms the Director sets.

the actual law source: uscode.house.gov ↗public domain

(a)Joint Inventions.—

When an invention is made by two or more persons jointly, they shall apply for patent jointly and each make the required oath, except as otherwise provided in this title. Inventors may apply for a patent jointly even though (1) they did not physically work together or at the same time, (2) each did not make the same type or amount of contribution, or (3) each did not make a contribution to the subject matter of every claim of the patent.

(b)Omitted Inventor.—

If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, the application may be made by the other inventor on behalf of himself and the omitted inventor. The Director, on proof of the pertinent facts and after such notice to the omitted inventor as he prescribes, may grant a patent to the inventor making the application, subject to the same rights which the omitted inventor would have had if he had been joined. The omitted inventor may subsequently join in the application.

(c)Correction of Errors in Application.—

Whenever through error a person is named in an application for patent as the inventor, or through error an inventor is not named in an application, the Director may permit the application to be amended accordingly, under such terms as he prescribes.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 799; Pub. L. 97–247, § 6(a), Aug. 27, 1982, 96 Stat. 320; Pub. L. 98–622, title I, § 104(a), Nov. 8, 1984, 98 Stat. 3384; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, § 20(a), Sept. 16, 2011, 125 Stat. 333.)

history & why it existsrecord from the source credit

1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 799
1982Amended · Pub. L. 97-247 · 96 Stat. 320
1984Amended · Pub. L. 98-622 · 98 Stat. 3384
1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
2002Amended · Pub. L. 107-273 · 116 Stat. 1906
2011Amended · Pub. L. 112-29 · 125 Stat. 333

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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