(a) An application must include, or be amended to include, the name of the inventor for any invention claimed in the application.
(b) The inventorship of a nonprovisional application under 35 U.S.C. 111(a) is the inventor or joint inventors set forth in the application data sheet in accordance with Sec. 1.76 filed before or concurrently with the inventor's oath or declaration. If an application data sheet is not filed before or concurrently with the inventor's oath or declaration, the inventorship is the inventor or joint inventors set forth in the inventor's oath or declaration, except as provided for in Sec. Sec. 1.53(d)(4) and 1.63(d). Once an application data sheet or the inventor's oath or declaration is filed in a nonprovisional application, any correction of inventorship must be pursuant to Sec. 1.48. If neither an application data sheet nor the inventor's oath or declaration is filed during the pendency of a nonprovisional application, the inventorship is the inventor or joint inventors set forth in the application papers filed pursuant to Sec. 1.53(b), unless the applicant files a paper, including the processing fee set forth in Sec. 1.17(i), supplying the name or names of the inventor or joint inventors.
(c) The inventorship of a provisional application is the inventor or joint inventors set forth in the cover sheet as prescribed by Sec. 1.51(c)(1). Once a cover sheet as prescribed by Sec. 1.51(c)(1) is filed in a provisional application, any correction of inventorship must be pursuant to Sec. 1.48. If a cover sheet as prescribed by Sec. 1.51(c)(1) is not filed during the pendency of a provisional application, the inventorship is the inventor or joint inventors set forth in the application papers filed pursuant to Sec. 1.53(c), unless applicant files a paper including the processing fee set forth in Sec. 1.17(q), supplying the name or names of the inventor or joint inventors.
(d) In a nonprovisional application under 35 U.S.C. 111(a) filed without an application data sheet or the inventor's oath or declaration, or in a provisional application filed without a cover sheet as prescribed by Sec. 1.51(c)(1), the name and residence of each person believed to be an actual inventor should be provided when the application papers pursuant to Sec. 1.53(b) or Sec. 1.53(c) are filed.
(e) The inventorship of an international application entering the national stage under 35 U.S.C. 371 is the inventor or joint inventors set forth in the application data sheet in accordance with Sec. 1.76 filed with the initial submission under 35 U.S.C. 371. Unless the initial submission under 35 U.S.C. 371 is accompanied by an application data sheet in accordance with Sec. 1.76 setting forth the inventor or joint inventors, the inventorship is the inventor or joint inventors set forth in the international application, which includes any change effected under PCT Rule 92 bis.
(f) The inventorship of an international design application designating the United States is the creator or creators set forth in the publication of the international registration under Hague Agreement Article 10(3). Any correction of inventorship must be pursuant to Sec. 1.48. [77 FR 48814, Aug. 14, 2012, as amended at 80 FR 17956, Apr. 2, 2015]