Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

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.

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