Multiple inventors signing individual declarations for an application

Started by Rheo, 10-21-19 at 07:28 PM

Previous topic - Next topic

Rheo

Long ago, it used to be that the main inventor would have to sign a declaration with an indication at the bottom as to whether there were further inventors (and how many supplemental sheets). The further inventors would then have to sign supplemental declaration sheets so that everyone knew how many inventors were signing. The USPTO would send out notices of missing parts if each joint inventor simply signed an individual declaration.

That's the way I have always done it since then.

Now I understand -- I think -- that each joint inventor can just independently sign a declaration without the "supplemental sheets" anymore. The change may have even occurred years ago, and I am just still using the old encrusted ways because they work and a notice of missing parts is not sent out.

Is it true that each joint inventor can just sign a declaration without a supplemental sheet?

I just called the application assistance unit at the USPTO, and even repeated this question in a few different ways, and the woman literally could not understand the question. Eventually I said "thanks" and hung up.

lazyexaminer

I have seen them accepted both ways: like you say, with one inventor signing the dec, then more inventors on supplemental sheets, and also with each inventor signing an individual dec

MPEP 602.08(b)(I) seems to authorize individual decs. (Par. starting with "An oath..."). MPEP 602.01(a)(I)(A) (last par.) seems to authorize individual decs without even naming the other inventors.
I'm not your examiner, I'm not your lawyer, and I'm speaking only for myself, not for the USPTO.

JV

Quote from: Rheo on 10-21-19 at 07:28 PM
Long ago, it used to be that the main inventor would have to sign a declaration with an indication at the bottom as to whether there were further inventors (and how many supplemental sheets). The further inventors would then have to sign supplemental declaration sheets so that everyone knew how many inventors were signing. The USPTO would send out notices of missing parts if each joint inventor simply signed an individual declaration.

That's the way I have always done it since then.

Now I understand -- I think -- that each joint inventor can just independently sign a declaration without the "supplemental sheets" anymore. The change may have even occurred years ago, and I am just still using the old encrusted ways because they work and a notice of missing parts is not sent out.

Is it true that each joint inventor can just sign a declaration without a supplemental sheet?

I just called the application assistance unit at the USPTO, and even repeated this question in a few different ways, and the woman literally could not understand the question. Eventually I said "thanks" and hung up.

Yes, at least so long as the filing is accompanied by an ADS naming the entire inventive entity (it might also be true if filing without an ADS, but I always use an ADS so I can't speak authoritatively to the non-ADS case).  The PTO's form for "Declaration for Utility or Design Application Using an Application Data Sheet" is for a single signor who declares that he/she is "the original inventor or an original joint inventor".  One thing I don't like about this approach (which I think you are hinting at) is that the inventor has no awareness of who else is being included as an inventor, unless the practitioner decides to share that information.  It is not on any forms that the inventor needs to sign.



www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com