What is a ‘person to whom the inventor has assigned or is under an obligation to assign the invention’?

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.

A ‘person to whom the inventor has assigned or is under an obligation to assign the invention’ refers to an individual or entity that has received rights to the invention through a legal agreement or contract. This concept is important in patent applications filed on or after September 16, 2012, as explained in MPEP 409.05:

Quote: ‘A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent.’

This provision allows assignees or those with a contractual right to the invention to file patent applications, even if they are not the original inventors.