35 U.S.C. § 118 — Filing by other than inventor (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 118 Filing by other than inventor
This page consolidates MPEP guidance interpreting 35 U.S.C. § 118, including 128 rules 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.
Summary
The process for filing a correction of inventorship through a reissue application requires adherence to specific rules under 35 USC 118.
What this section covers
- Define what this section covers at a high level, focusing on corrections of inventorship through reissue applications.
- Identify the core topic and scope of guidance in this section, which pertains to the process and requirements for filing by someone other than an inventor.
Key obligations
- State the primary requirement practitioners must satisfy, which is ensuring that the filing complies with the rules for corrections of inventorship through reissue.
- State an additional required element or condition if applicable, such as obtaining consent from all true and necessary inventors.
- State a key compliance obligation tied to authority (USC/CFR), which includes adherence to the specific requirements for filing by non-inventors under 35 USC 118.
Practice notes
- Give a practical drafting or filing tip grounded in this section, such as ensuring that all necessary inventors are listed and their consent is obtained before filing.
- Call out a common pitfall or best practice relevant to this section, like avoiding the enlargement of patent claims through corrections of inventorship.
Official MPEP § 118 — Filing by other than inventor
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 118 Filing by other than inventor.
[Editor Note: Applicable to any patent application filed on or after September 16, 2012. See 35 U.S.C. 118 (pre‑AIA) for the law otherwise applicable.]
A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent. A person who otherwise shows sufficient proprietary interest in the matter may make an application for patent on behalf of and as agent for the inventor on proof of the pertinent facts and a showing that such action is appropriate to preserve the rights of the parties. If the Director grants a patent on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest and upon such notice to the inventor as the Director considers to be sufficient.
(Amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)); amended Sept. 16, 2011, Public Law 112-29, sec. 4(b), 125 Stat. 284, effective Sept. 16, 2012.)
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- Aia Overview
- Applicability
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- Application Publication
- Application Types
- Continuing Applications
- Continuation Applications
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- Assignment Ownership
- Assignee Rights
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- Filing By Assignee
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- Examination Procedure
- Fees
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- Maintenance Fee Payment
- Patent Issuance
- Pct
- Pct Filing
- Pct Request
- Power Of Attorney
- Poa Requirements
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- Reissue
- Reissue Application
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- Reissue Claims
- Reissue Ownership
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- Prior Art 102A1
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- Signature Requirements
- Signature Assignee
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