What is the role of an ‘obligated assignee’ in filing a patent application?

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.

To learn more:

• obligated assignee
• patent application
• inventor rights
• ADS