How can inventors and joint inventors file patent applications after September 16, 2012?

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.

For patent applications filed on or after September 16, 2012, inventors and joint inventors can file applications in the following ways:

• An inventor or joint inventor may file an application.
• A legal representative of a deceased or legally incapacitated inventor may file an application.
• An assignee, obligated assignee, or person who shows sufficient proprietary interest may file an application.

As stated in MPEP 403.01(a): “For applications filed on or after September 16, 2012, a patent practitioner acting in a representative capacity must have authority to act on behalf of the applicant.” This means that patent practitioners must ensure they have proper authorization before acting on behalf of applicants.