# 37 CFR § 1.45: Application for patent by joint inventors

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-37-1.45

## Section

- **Citation:** 37 CFR § 1.45
- **Heading:** Application for patent by joint inventors
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 37—Patents, Trademarks, and Copyrights > CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE > SUBCHAPTER A—GENERAL > PART 1—RULES OF PRACTICE IN PATENT CASES > Subpart B—National Processing Provisions > Who May Apply for a Patent

## Text

(a) Joint inventors must apply for a patent jointly, and each must make an inventor's oath or declaration as required by § 1.63, except as provided for in § 1.64. If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, the other joint inventor or inventors may make the application for patent on behalf of themselves and the omitted inventor. See § 1.64 concerning the execution of a substitute statement by the other joint inventor or inventors in lieu of an oath or declaration.
(b) Inventors may apply for a patent jointly even though:
(1) They did not physically work together or at the same time;
(2) Each inventor did not make the same type or amount of contribution; or
(3) Each inventor did not make a contribution to the subject matter of every claim of the application.
(c) If multiple inventors are named in a nonprovisional application, each named inventor must have made a contribution, individually or jointly, to the subject matter of at least one claim of the application and the application will be considered to be a joint application under 35 U.S.C. 116. If multiple inventors are named in a provisional application, each named inventor must have made a contribution, individually or jointly, to the subject matter disclosed in the provisional application and the provisional application will be considered to be a joint application under 35 U.S.C. 116.
[77 FR 48815, Aug. 14, 2012]

## Nearby sections

- [37 CFR § 1.31 § 1.31 Applicant and patent owner may be represented by one or more patent practitioners or joint inventors.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.31.md)
- [37 CFR § 1.32 § 1.32 Power of attorney.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.32.md)
- [37 CFR § 1.33 § 1.33 Correspondence respecting patent applications, patent reexamination proceedings, and other proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.33.md)
- [37 CFR § 1.34 § 1.34 Acting in a representative capacity.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.34.md)
- [37 CFR § 1.36 § 1.36 Revocation of power of attorney; withdrawal of patent attorney or agent.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.36.md)
- [37 CFR § 1.41 § 1.41 Inventorship.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.41.md)
- [37 CFR § 1.42 § 1.42 Applicant for patent.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.42.md)
- [37 CFR § 1.43 § 1.43 Application for patent by a legal representative of a deceased or legally incapacitated inventor.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.43.md)
- [37 CFR § 1.45 § 1.45 Application for patent by joint inventors.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.45.md)
- [37 CFR § 1.46 § 1.46 Application for patent by an assignee, obligated assignee, or a person who otherwise shows sufficient proprietary interest in the matter.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.46.md)
- [37 CFR § 1.48 § 1.48 Correction of inventorship pursuant to 35 U.S.C. 116 or correction of the name or order of names in a patent application, other than a reissue application.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.48.md)
- [37 CFR § 1.51 § 1.51 General requisites of an application.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.51.md)
- [37 CFR § 1.52 § 1.52 Language, paper, writing, margins, read-only optical disc specifications.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.52.md)
- [37 CFR § 1.53 § 1.53 Application number, filing date, and completion of application.](https://www.frixlaw.com/law-library/statutes/ecfr-37-1.53.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-37-1.45. Check the current official text before relying on it. Not legal advice.