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A request to correct the inventorship filed under 37 CFR 1.48(a) should identify the inventorship change and must be accompanied by a signed application data sheet (ADS) including the legal name, residence, and mailing address of the inventor or each actual joint inventor (see 37 CFR 1.76(b)(1) ) and the processing fee ...
Under the ?first to invent? system, the first person to invent could delay filing and still be awarded a patent over a later inventor who happens to file first. The ?first to file? system, however, may yield the opposite result.
1? The first to file rule also applies to patent applications, awarding the first person to file a patent the right to claim the intellectual property to it. 2? Inventors are encouraged to file for a patent quickly so that copycats do not usurp their new invention or process.
It is vital to avoid non-confidential disclosure of a possible invention before an appropriate patent application has been filed.
Under the first inventor to file rule, the Patent Office looks to the filing dates of the respective applications. The first inventor to file is awarded the patent. In contrast, under the first to invent rule, the inventor to first conceive, think of, or come up with the invention is awarded the patent.
The applicant for the patent can make a request to the Controller to add a person as one of the inventors, if such person is also the applicant or is at least one of the applicants. As a best practice, it would be wise to submit to the Controller, consent of all the applicants, in case of joint applicants.
An inventor is: A person who conceives the subject matter of at least one claim of the patent. Two or more persons who collaborate to produce the invention through aggregate efforts.