Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 400 – Representative of Applicant or Owner (2)
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.
To learn more:
The rights of nonsigning inventors in pre-AIA 37 CFR 1.47 applications are protected through specific provisions in patent law. According to MPEP 409.03(i):
“The rights of a nonsigning inventor are protected by the fact that the patent resulting from an application filed under pre-AIA 37 CFR 1.47(b) and pre-AIA 35 U.S.C. 118 must issue to the inventor, and in an application filed under pre-AIA 37 CFR 1.47(a) and 35 U.S.C. 116, the inventor has the same rights that he or she would have if he or she had joined in the application.”
This means that:
- For applications under pre-AIA 37 CFR 1.47(b) and pre-AIA 35 U.S.C. 118, the patent must be issued to the inventor, even if they didn’t sign the application.
- For applications under pre-AIA 37 CFR 1.47(a) and 35 U.S.C. 116, the nonsigning inventor retains the same rights as if they had joined the application.
These provisions ensure that the nonsigning inventor’s rights to the invention are preserved, regardless of their lack of signature on the original application.
To learn more:
To learn more:
Patent Law (2)
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.
To learn more:
The rights of nonsigning inventors in pre-AIA 37 CFR 1.47 applications are protected through specific provisions in patent law. According to MPEP 409.03(i):
“The rights of a nonsigning inventor are protected by the fact that the patent resulting from an application filed under pre-AIA 37 CFR 1.47(b) and pre-AIA 35 U.S.C. 118 must issue to the inventor, and in an application filed under pre-AIA 37 CFR 1.47(a) and 35 U.S.C. 116, the inventor has the same rights that he or she would have if he or she had joined in the application.”
This means that:
- For applications under pre-AIA 37 CFR 1.47(b) and pre-AIA 35 U.S.C. 118, the patent must be issued to the inventor, even if they didn’t sign the application.
- For applications under pre-AIA 37 CFR 1.47(a) and 35 U.S.C. 116, the nonsigning inventor retains the same rights as if they had joined the application.
These provisions ensure that the nonsigning inventor’s rights to the invention are preserved, regardless of their lack of signature on the original application.
To learn more:
To learn more:
Patent Procedure (2)
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.
To learn more:
The rights of nonsigning inventors in pre-AIA 37 CFR 1.47 applications are protected through specific provisions in patent law. According to MPEP 409.03(i):
“The rights of a nonsigning inventor are protected by the fact that the patent resulting from an application filed under pre-AIA 37 CFR 1.47(b) and pre-AIA 35 U.S.C. 118 must issue to the inventor, and in an application filed under pre-AIA 37 CFR 1.47(a) and 35 U.S.C. 116, the inventor has the same rights that he or she would have if he or she had joined in the application.”
This means that:
- For applications under pre-AIA 37 CFR 1.47(b) and pre-AIA 35 U.S.C. 118, the patent must be issued to the inventor, even if they didn’t sign the application.
- For applications under pre-AIA 37 CFR 1.47(a) and 35 U.S.C. 116, the nonsigning inventor retains the same rights as if they had joined the application.
These provisions ensure that the nonsigning inventor’s rights to the invention are preserved, regardless of their lack of signature on the original application.
To learn more:
To learn more: