Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 400 - Representative of Applicant or Owner (3)
- An assignee or obligated assignee may file the application as the applicant
- A person who shows sufficient proprietary interest may file the application on behalf of and as agent for the inventor
- The applicant may file a substitute statement in lieu of an inventor’s oath or declaration if the inventor has refused to execute the oath or declaration
For assignee applicants, there is a specific deadline for recording documentary evidence of ownership. According to 37 CFR 1.46(b)(1):
If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to whom the inventor is under an obligation to assign the invention) should be recorded as provided for in part 3 of this chapter no later than the date the issue fee is paid in the application.
This means that assignees or obligated assignees should ensure that their documentary evidence of ownership is recorded with the USPTO, as specified in 37 CFR Part 3, by the time they pay the issue fee for the patent application. Failing to record this evidence by the deadline could potentially cause complications in establishing ownership of the patent.
To learn more:
When all inventors are unavailable or unwilling to sign a patent application, there are still options for filing. According to MPEP § 409.03(b) (for applications filed before September 16, 2012) and MPEP § 409.05 (for applications filed on or after September 16, 2012):
- An assignee or obligated assignee may file the application as the applicant
- A person who shows sufficient proprietary interest in the matter may file the application
In such cases, substitute statements would need to be filed in lieu of inventors’ oaths or declarations, along with the necessary petitions and evidence of the applicant’s right to file the application.
For more information on assignee applicant, visit: assignee applicant.
For more information on proprietary interest, visit: proprietary interest.
Patent Law (3)
For applications filed on or after September 16, 2012:
- An assignee or obligated assignee may file the application as the applicant
- A person who shows sufficient proprietary interest may file the application on behalf of and as agent for the inventor
- The applicant may file a substitute statement in lieu of an inventor’s oath or declaration if the inventor has refused to execute the oath or declaration
For applications filed before September 16, 2012, a petition under pre-AIA 37 CFR 1.47 could be filed.
For assignee applicants, there is a specific deadline for recording documentary evidence of ownership. According to 37 CFR 1.46(b)(1):
If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to whom the inventor is under an obligation to assign the invention) should be recorded as provided for in part 3 of this chapter no later than the date the issue fee is paid in the application.
This means that assignees or obligated assignees should ensure that their documentary evidence of ownership is recorded with the USPTO, as specified in 37 CFR Part 3, by the time they pay the issue fee for the patent application. Failing to record this evidence by the deadline could potentially cause complications in establishing ownership of the patent.
To learn more:
When all inventors are unavailable or unwilling to sign a patent application, there are still options for filing. According to MPEP § 409.03(b) (for applications filed before September 16, 2012) and MPEP § 409.05 (for applications filed on or after September 16, 2012):
- An assignee or obligated assignee may file the application as the applicant
- A person who shows sufficient proprietary interest in the matter may file the application
In such cases, substitute statements would need to be filed in lieu of inventors’ oaths or declarations, along with the necessary petitions and evidence of the applicant’s right to file the application.
For more information on assignee applicant, visit: assignee applicant.
For more information on proprietary interest, visit: proprietary interest.
Patent Procedure (3)
For applications filed on or after September 16, 2012:
- An assignee or obligated assignee may file the application as the applicant
- A person who shows sufficient proprietary interest may file the application on behalf of and as agent for the inventor
- The applicant may file a substitute statement in lieu of an inventor’s oath or declaration if the inventor has refused to execute the oath or declaration
For applications filed before September 16, 2012, a petition under pre-AIA 37 CFR 1.47 could be filed.
For assignee applicants, there is a specific deadline for recording documentary evidence of ownership. According to 37 CFR 1.46(b)(1):
If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to whom the inventor is under an obligation to assign the invention) should be recorded as provided for in part 3 of this chapter no later than the date the issue fee is paid in the application.
This means that assignees or obligated assignees should ensure that their documentary evidence of ownership is recorded with the USPTO, as specified in 37 CFR Part 3, by the time they pay the issue fee for the patent application. Failing to record this evidence by the deadline could potentially cause complications in establishing ownership of the patent.
To learn more:
When all inventors are unavailable or unwilling to sign a patent application, there are still options for filing. According to MPEP § 409.03(b) (for applications filed before September 16, 2012) and MPEP § 409.05 (for applications filed on or after September 16, 2012):
- An assignee or obligated assignee may file the application as the applicant
- A person who shows sufficient proprietary interest in the matter may file the application
In such cases, substitute statements would need to be filed in lieu of inventors’ oaths or declarations, along with the necessary petitions and evidence of the applicant’s right to file the application.
For more information on assignee applicant, visit: assignee applicant.
For more information on proprietary interest, visit: proprietary interest.