How does the America Invents Act (AIA) affect who can be an applicant in U.S. National Stage Applications?
The America Invents Act (AIA) significantly expanded who can be an applicant in patent applications, including U.S. National Stage Applications. This change applies to applications with an international filing date on or after September 16, 2012.
The MPEP states: “The America Invents Act (AIA) amended 35 U.S.C. 118 to expand who may be an applicant in patent applications. Consequently, for national stage applications having an international filing date on or after September 16, 2012, the applicant may be: (a) the inventor(s); (b) the legal representative of a deceased or legally incapacitated inventor; (c) the assignee; (d) the obligated assignee (i.e., a person to whom the inventor is under an obligation to assign the invention); or (e) a person who otherwise shows proprietary interest in the application.” (See MPEP 1893.01(b))
This expansion allows for greater flexibility in who can apply for a patent, potentially benefiting companies, universities, and other entities involved in collaborative research and development.
To learn more: