PCT Applications: Citing Inventors as Applicants for United States

Since 2012 it has not been necessary to list all  inventors as “applicants for the purposes of the United States only” when filing a PCT International Application.  In any International Application the assignee can be listed as the “applicant for purposes of all designated States” even if the United States is designated.  Also, the inventors can now be listed as “inventors only” (unless they are, in fact, also applicants because they have not assigned their rights).

The law change was brought about by the Leahy-Smith America Invents Act (AIA).  The AIA permits a person to whom the inventor has assigned, or is under an obligation to assign, the invention, or who otherwise shows sufficient proprietary interest in the matter, to make an application for a patent.

Following from the AIA, the Rules of Practice of the United States Patent & Trademark Office (USPTO) were amended.

For further details please feel free to contact our Mr Rory Moore, who can be reached as follows:

Contact Details:

Telephone: +27 (0)31 785 1190
Cellphone: +27 (0)78 131 4104
E-Mail Address: rory.moore@moorepatent.co.za