What are the differences in patent applicant rules for applications filed before and after September 16, 2012?

The rules regarding who can be a patent applicant changed significantly for applications filed on or after September 16, 2012. MPEP § 605 outlines these differences:

For applications filed on or after September 16, 2012:

“Effective September 16, 2012, the Office revised the rules of practice to permit a person to whom the inventor has assigned or is under an obligation to assign an invention to file and prosecute an application for patent as the applicant, and to permit a person who otherwise shows sufficient proprietary interest in the matter to file and prosecute an application for patent as the applicant on behalf of the inventor.”

For applications filed before September 16, 2012:

“For applications filed before September 16, 2012, a person to whom the inventor assigned an invention could file and prosecute an application for patent, but the inventor is considered the applicant.”

The key differences are:

  • Pre-AIA: Only the inventor could be listed as the applicant, even if the application was filed by an assignee.
  • Post-AIA: Assignees, those obligated to assign, or those with sufficient proprietary interest can be listed as the applicant.

For more detailed information, refer to MPEP § 605.01 for post-AIA applications and MPEP § 605.02 for pre-AIA applications.

To learn more:

Topics: Patent Law, Patent Procedure
Tags: America Invents Act, Patent Applicant Rules, patent law changes, Post Aia, pre-AIA