What information must be included in an application filed by someone other than the inventor?

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.

When an application is filed by someone other than the inventor under 35 U.S.C. 111, it must contain specific information as outlined in 37 CFR 1.46(b):

• An application data sheet under § 1.76
• In the applicant information section (§ 1.76(b)(7)), specify:
  • The assignee
  • Person to whom the inventor is under an obligation to assign the invention
  • Person who otherwise shows sufficient proprietary interest in the matter

The regulation states: If an application under 35 U.S.C. 111 is made by a person other than the inventor under paragraph (a) of this section, the application must contain an application data sheet under § 1.76 specifying in the applicant information section (§ 1.76(b)(7)) the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter.