§ 116. — Joint inventors.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC116]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 11--APPLICATION FOR PATENT
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.
(July 19, 1952, ch. 950, 66 Stat. 799; Pub. L. 97-247, Sec. 6(a), Aug.
27, 1982, 96 Stat. 320; Pub. L. 98-622, title I, Sec. 104(a), Nov. 8,
1984, 98 Stat. 3384; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L.
107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat.
1906.)
Historical and Revision Notes
The first paragraph is implied in the present statutes, and the part
of the last paragraph relating to omission of an erroneously joined
inventor is in the Patent Office rules. The remainder is new and
provides for the correction of a mistake in erroneously joining a person
as inventor, and for filing an application when one of several joint
inventors cannot be found. This section is ancillary to section 256.
Amendments
2002--Pub. L. 107-273 made technical correction to directory
language of Pub. L. 106-113. See 1999 Amendment note below.
1999--Pub. L. 106-113, as amended by Pub. L. 107-273, substituted
``Director'' for ``Commissioner'' in two places.
1984--Pub. L. 98-622 amended first par. generally, striking out
``and each sign the application'' after ``patent jointly'' and inserting
sentence beginning ``Inventors may apply''.
1982--Pub. L. 97-247 substituted ``Inventors'' for ``Joint
inventors'' as section catchline, and substituted ``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'' for ``a person is
joined in an application for patent as joint inventor through error, or
a joint inventor is not included in an application through error''.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999,
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-622 applicable to all United States patents
granted before, on, or after Nov. 8, 1984, and to all applications for
United States patents pending on or filed after that date, except as
otherwise provided, see section 106 of Pub. L. 98-622, set out as a note
under section 103 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-247 effective six months after Aug. 27,
1982, see section 17(c) of Pub. L. 97-247, set out as an Effective Date
note under section 294 of this title.
