Hawaii Assignment - Joint Inventors
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FAQ
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.
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.
A person who shares in the conception of a claimed invention is a joint inventor of that invention.
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 ...
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 ...
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.
Generally, in an employment agreement, the employee assigns all patent rights from their work to the organization. So the organization can file a patent as an applicant. Therefore, an inventor has to be an individual, but the Assignee can be an individual or a company.
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.