What is the role of an ‘obligated assignee’ in filing 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.

An ‘obligated assignee’ is a person or entity who has a contractual obligation to assign the rights to an invention but has not yet done so. According to MPEP 409.05, an obligated assignee can file a patent application on behalf of the inventor if they meet certain requirements:

• They must have a contractual obligation with the inventor to assign the entire right, title, and interest in the application.
• They must file an application data sheet under 37 CFR 1.76 naming the inventor and including a statement that the application is being filed by the obligated assignee.

The MPEP states: ‘An assignee who is not the original applicant may file a patent application as long as the application is accompanied by a statement that establishes the assignee’s ownership interest.’ This provision allows obligated assignees to initiate the patent process even before the formal assignment has taken place.