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Q18. Inventors to be included

Q18. Inventors to be included
 In filing a Japanese patent application where convention priority is claimed based on two or more earlier U.S. cases, must the Japanese case include all inventors named in all convention cases, even if the claims of the Japanese case do not include contributions by one or more of the inventors named in the convention cases?

A18. The Patent Law does not provide definite guidance as to how to deal with relationship between claims and inventors. For example, in Japan, there is no practice to amend the name of any inventor according to an increase or decrease in the number of claims.
 Thus, it seems that the JPO does not concern itself about the decision as to whether to include all inventors named in all convention cases in the case of filing a Japanese patent application. Discrepancies for inventors between U.S. and Japanese applications do not create any negative result during the prosecution before the JPO. It is correct, however, to include names of all the original inventors into the Japanese application, as far as they contributed to any part of the claimed inventions of the Japanese application.