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Patents - 35 USC Section 116

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01/19/04


Sec. 116. Inventors


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.
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.
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, and such error arose without any deceptive
intention on his part, the Director may permit the application to
be amended accordingly, under such terms as he prescribes.

Last modified: April 19, 2006