PCT AG-IP 5.035 When and how must the inventor be identified?

Article 4(1)(v)
4(4)
Rule 4.1(a)(iv)
4.6

5.035.   When and how must the inventor be identified?  Where the person identified in Box No. II as applicant is also the inventor, it is sufficient to mark the check-box "This person is also inventor." No repetition of the name and address of the inventor is required in Box No. III.  Where the inventor is identified in Box No. III, the check-box "applicant and inventor" must be marked if the inventor is also applicant;  the check-box "inventor only" must be marked if the inventor is not also applicant.  Where the inventor is not the same for all designated States, see paragraph 5.038.  Where the inventor is deceased, see paragraphs 11.023 to 11.026.

Article 4(4)
Rule 4.1(c)(i)

5.036.   Where the inventor is not also an applicant, the check-box "inventor only" must be marked and his name and address must be indicated in one of the sub-boxes of Box No. III.  The name and address of the inventor may be omitted from the request where the national law of none of the designated States requires that the name of the inventor be furnished at the time of filing a national application.  Annexes B indicate what the requirements are for each Contracting State or intergovernmental organization.  However, unless special reasons prevent the indication of the name and address of the inventor, it is recommended that it always be included in the request since such information is generally required in the national phase.

Rule 4.4

5.037.   As regards the indication of the name and address of the inventor, what is said in this respect for the applicant, in paragraphs 5.025 and 5.027, also applies.  An indication of the country of which the inventor is a national or resident is not required unless the inventor is also applicant.  For later changes in the person, name or address of the inventor, see paragraphs 11.018 and 11.020.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html

Date retrieved: 02 November 2015

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