Who can be an applicant for a patent application filed on or after September 16, 2012?
As of September 16, 2012, the rules for who can be an applicant for a patent application were revised. According to MPEP § 605, the following individuals or entities can file and prosecute a patent application as the applicant:
- The inventor
- A person to whom the inventor has assigned the invention
- A person to whom the inventor is under an obligation to assign the invention
- A person who shows sufficient proprietary interest in the matter
The MPEP states: “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.”
This change allows for greater flexibility in who can be considered the applicant, potentially streamlining the patent application process for businesses and organizations.
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