What if an Invention has Multiple Inventors
π 2026 Update: Changes in Patent Law for Multiple Inventors
Since the original article was written, there have been several important updates in U.S. patent law. These changes impact how inventors can apply for patents, the associated fees, and the patent application process. The information in the original article continues further down the page.
π π Decrease in PCT Fees
Effective January 1, 2024, the USPTO reduced certain fees under the Patent Cooperation Treaty (PCT). The International Filing Fee for the first 30 pages dropped from $1,515 to $1,454. This decrease may help inventors save money when filing internationally.
π’ π USPTO Modernization
On December 5, 2025, the USPTO achieved a major milestone by processing pre-grant publications in-house. This change is part of the USPTO's efforts to modernize its Patent Publication Program. It aims to improve efficiency and speed in the patent application process.
π π Updates to MPEP
In November 2024, the USPTO published Revision 01.2024 of the Manual of Patent Examining Procedure (MPEP). This update includes revisions across many chapters to reflect current practices and legal standards. Keeping abreast of these changes can help inventors navigate the patent process more effectively.
β³ β° Average Processing Times
As of the latest data, the average time from filing a utility patent application to a final decision is around 24 months. This timeline has remained relatively stable and is crucial for inventors planning their product development.
π Key Updates Summary
- π PCT fees decreased for international filings.
- π USPTO now processes pre-grant publications in-house.
- π MPEP updated to reflect current practices.
- β° Average patent application processing time is 24 months.
π‘ Tips for Navigating Multiple Inventors in Patent Applications
Review your specific situation with your attorney to ensure you understand all aspects of your patent application.
π·οΈ Understand Joint Ownership
When an invention has multiple inventors, it often leads to joint ownership. Each inventor typically has rights to the patent, which can complicate licensing agreements and ownership rights.
π Document Contributions
It is essential to keep clear records of each inventor's contributions. Detailed documentation can help resolve disputes about who contributed what to the invention, which is crucial in patent applications.
πΌ Consider Filing Together
If multiple inventors are involved, consider filing the patent application jointly. This can simplify the process and clarify ownership rights among inventors.
ποΈ Be Aware of Deadlines
Watch for critical deadlines, such as the 18-month publication rule after the earliest filing date. Failure to respond to USPTO communications within specified time frames can lead to application abandonment.
π Explore USPTO Resources
Take advantage of the USPTO's free resources. They offer guides, webinars, and a contact center to help inventors understand the patent process better.
π Patent Services Ranked by User Reviews (2026)
This section highlights services related to patent applications and intellectual property. These services were ranked based on Trustpilot data checked in October 2026. Remember that scores can change over time, and while star ratings are helpful, they can be influenced by those who had negative experiences.
π₯ 1. LegalZoom
LegalZoom has been rated 4.6. Known for providing a variety of online legal services, it specializes in business formation and intellectual property services. Users appreciate its wide range of offerings, but some report experiencing delays and communication issues.
π Free Government and Nonprofit Help
The USPTO offers free resources, including guides and webinars. Additionally, there are pro bono programs that provide legal assistance to independent inventors and small businesses. These resources can be particularly helpful for those navigating the complexities of patent applications.
π What to Compare When Choosing Patent Services
- π οΈ Types of services offered
- π° Pricing structure and fees
- π Average processing times
- π User reviews and ratings
- π Availability of customer support
β Frequently Asked Questions
β What happens if multiple inventors disagree on patent rights?
If inventors disagree, it can lead to disputes over ownership rights. Clear documentation of each inventor's contributions can help resolve these issues.
π How long does it take for a patent application to be published?
Patent applications are typically published 18 months after the earliest filing date unless a non-publication request is made.
π What are the maintenance fees for patents?
Maintenance fees are due at 3.5, 7.5, and 11.5 years after a patent is granted. The fees vary based on the size of the entity holding the patent.
ποΈ Are there deadlines for responding to USPTO communications?
Yes, applicants must respond to USPTO communications within specified time frames to avoid abandonment of their application.
πΌ Can multiple inventors file a patent application together?
Yes, multiple inventors can file a patent application jointly. This can clarify ownership rights and responsibilities.
π Where can I find resources for patent applications?
The USPTO offers many free resources, including guides and webinars, to assist inventors in understanding the patent process.
βοΈ Recent Cases Related to Patent Applications
Recent court rulings highlight important aspects of patent law, especially regarding multiple inventors and ownership rights. Understanding these cases can provide insight into how patent disputes are handled in court.
- Court affirms dismissal of patent case against VolkswagenCourt of Appeals for the Federal Circuit Β· August 19, 2026
- Court Denies En Banc Review in Design Patent CaseCourt of Appeals for the Federal Circuit Β· August 11, 2026
- Federal Circuit affirms patent validity in Google caseCourt of Appeals for the Federal Circuit Β· October 19, 2026
- Court rules against Moskowitz in patent dispute with GlobusCourt of Appeals for the Federal Circuit Β· September 11, 2026
For more information, feel free to browse more rulings on the news page.
End of October 2026 Update
As a form of intellectual property rights, invention patents may raise some particularly thorny legal questions and ambiguities, due to the nature of the creations they cover being functional and practical rather than aesthetic and creative, as is often the case with copyright, or strictly commercial, as with trademarks. Two novels which shared very similar vocabularies and themes would not for that reason alone constitute an intellectual property right violation, whereas the specific methods by which patented inventions must be closely examined.
The depth of knowledge involved in making valid considerations on whether to patent inventions requires expertise from the presiding officials. The level of expertise required of the inventor often means that invention patents are issued for the work of more than one person. In Title 35 of the United States Code, the question of how to patent inventions with multiple inventors is addressed by Section 116.
The basic provision made by Section 116 is that inventors must patent inventions "jointly," first making the invention patent together and later each making the required oath. Specific issues of "fairness," as may arise as grievances between co-creators, are not addressed by Section 116, which makes clear that joint invention patents do not refer to and do not require equal amounts of contribution or actual, side-by-side collaboration. The different sections of a patent claim also do not have to involve every inventor.
The complexity involved in recognizing a device or process aimed at some practical purpose as a unique intellectual and technical creation may mean that the joint inventors responsible for its creation came from widely divergent fields of expertise and contributed to the invention in vastly different ways. Both tasks related to invention may be considered valid for joint authorship.
Section 116 provides strong measures to encourage that multiple authors patent inventions together. It allows for the possibility that a joint inventor may opt not to receive the patent rights which would normally be his or her due. If joint inventors cannot be located when the time comes for filing to patent inventions and have not made provisions for his or her wishes, the co-authors of the invention patents must be able to demonstrate to the United States Patent and Trademark Office