Arkansas Assignment - Joint Inventors
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FAQ
?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.? 35 U.S.C. 116.
Declaration as to inventorship, signed by the applicant where priority has been claimed or where complete specification is filed after a provisional specification; can be filed within one month of filing of application or complete specification.
Who is defined as an inventor? By law, an inventor named on a patent application or issued patent must contribute to the conception of the idea or subject matter of at least one claim that is filed with a patent application.
An inventor declaration confirms the inventor's belief that they are the original (or joint original) inventor of the claimed invention. If an inventor declaration is not submitted by each inventor before payment of the Issue Fee, the application will be abandoned.
The inventor's oath or declaration must be executed (i.e., signed) by the inventor or the joint inventors, unless the inventor's oath or declaration is a substitute statement under 37 CFR 1.64, which must be signed by the applicant, or an assignment-statement under 37 CFR 1.63(e), which must be signed by the inventor ...
An oath or declaration must: (1) identify the inventor or joint inventor executing the oath or declaration by their legal name; (2) identify the application to which it is directed; (3) include a statement the person executing the oath or declaration believes the named inventor or joint inventors to be the original ...
While the inventor who first created the invention historically received priority in the U.S. system, the America Invents Act changed this rule in 2013. Now, the applicant who first files their patent application receives priority.
