How to Invent and Protect Your Invention: A Guide to Patents for Scientists and Engineers

9.3 NAMING INVENTORS ON PATENT APPLICATIONS

Patent applications must identify all joint inventors by their full names, mailing addresses, and countries of citizenship. Each inventor named on the patent must complete an oath or declaration in which the inventor swears that he believes the named inventors are the original and first inventors of the invention. (See the facsimile of the Inventor's Oath in Appendix 1, Form G.) Special documents can be filed in lieu of the oath for joint inventors who have died, are under legal incapacity, or cannot be located after a diligent search.

While the PTO can invalidate a patent if an applicant intentionally omits an inventor, an applicant or patent holder is not penalized for erroneously including or excluding an inventor. The applicant can amend the application or the issued patent should this occur. If one of the joint inventors refuses to sign the application or cannot be found, the other inventors can file on his behalf, provided that they inform the PTO that an inventor has been omitted and attempt to give notice to the omitted inventor. The omitted inventor can later join the application, even if he initially refused to sign the application. Similarly, if an inventor has died or is incapacitated, his legal representatives can apply for a patent on his behalf. If an inventor sells his rights in a patent to others, the potential owners can apply for the patent even if the inventor refuses to execute a patent application or cannot be found. ...