What is the difference between an applicant and an inventor in a patent application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

In patent applications, there’s an important distinction between an applicant and an inventor. According to MPEP 605:

‘The term “applicant” refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in 37 CFR 1.43, 1.45, or 1.46.’

Key differences include:

• Inventor: The person or persons who conceived of the invention.
• Applicant: Can be the inventor(s), but may also be:
• A legal representative of a deceased or incapacitated inventor (37 CFR 1.43)
• A joint inventor on behalf of all joint inventors (37 CFR 1.45)
• An assignee, obligated assignee, or person with sufficient proprietary interest (37 CFR 1.46)

The applicant has the right to conduct the prosecution of the application, while the inventor(s) must be named in the application and execute an oath or declaration.