Understanding 35 U.S.C. 116: Inventors’ Rights and Responsibilities

It’s critical for you to understand your rights and responsibilities as an inventor when it comes to obtaining a patent for your invention. There are specific provisions in 35 U.S.C. 116 for joint inventions, omitted inventors, and the correction of errors in patent applications.

Joint inventions made by two or more people must be filed for a patent jointly, according to 35 U.S.C. 116 (a). The inventors are not required to physically collaborate or contribute equally to the subject matter of each claim in the patent. Each inventor, however, must take the required oath in the patent application.

If one of the joint inventors refuses to join in the patent application or cannot be found or reached after a diligent effort, the other inventor may apply for the patent on behalf of both inventors. Subject to the rights of the omitted inventor, the Director of the Patent and Trademark Office may grant the patent to the inventor who filed the application. The omitted inventor may join the application later.

35 U.S.C. 116(c) allows for the correction of errors in patent applications, such as naming the incorrect inventor or omitting an inventor. If the error was made without any deceptive intent on the part of the person named or omitted, the Director may allow the application to be amended accordingly.

Another critical consideration is the correction of errors in an application. The USPTO Director may grant an amendment to an application if a person is named as an inventor by mistake or if no inventor is named. However, the amendment can only be made if the error occurred without the person responsible for the error having any deceptive intent.

It is critical to remember that anyone who contributes to the conception of a claimed invention is considered a joint inventor. This means that if someone contributes to the idea behind the invention, even if it is minor, they should be listed as a co-inventor.

Finally, 35 U.S.C. 116 establishes the standards for joint inventors and their responsibilities in patent applications. It is critical for inventors to understand these provisions in order to protect their rights and ensure that their patent applications comply with the law. Tucker Law is experienced with patent law firm and has the right patent attorney here to assist you if you have any questions or concerns about your rights as an inventor. For more information, call 1-800-TuckerWins.