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 300 - Ownership and Assignment (2)
No, a mere change of business name does not constitute a change in legal entity for patent purposes. However, it is still an important part of the ownership record. As stated in MPEP 314:
Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title.
This means that while the legal entity remains the same, the name change should be recorded to maintain an accurate chain of title for the patent.
According to MPEP 314, a mere change of business name does not constitute a change in legal entity for patent purposes. The MPEP states:
Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title.
This means that while the legal entity remains the same, documenting the name change is still important for maintaining a clear chain of title for the patent.
To learn more:
MPEP 314 - Certificates of Change of Name or of Merger (2)
No, a mere change of business name does not constitute a change in legal entity for patent purposes. However, it is still an important part of the ownership record. As stated in MPEP 314:
Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title.
This means that while the legal entity remains the same, the name change should be recorded to maintain an accurate chain of title for the patent.
According to MPEP 314, a mere change of business name does not constitute a change in legal entity for patent purposes. The MPEP states:
Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title.
This means that while the legal entity remains the same, documenting the name change is still important for maintaining a clear chain of title for the patent.
To learn more:
Patent Law (3)
No, a mere change of business name does not constitute a change in legal entity for patent purposes. However, it is still an important part of the ownership record. As stated in MPEP 314:
Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title.
This means that while the legal entity remains the same, the name change should be recorded to maintain an accurate chain of title for the patent.
According to MPEP 314, a mere change of business name does not constitute a change in legal entity for patent purposes. The MPEP states:
Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title.
This means that while the legal entity remains the same, documenting the name change is still important for maintaining a clear chain of title for the patent.
To learn more:
Can a legal entity be listed as an inventor on a patent application?
No, a legal entity such as a corporation or organization cannot be listed as an inventor on a patent application. The MPEP clearly states:
“[T]he inventor, or each individual who is a joint inventor of a claimed invention, in an application for patent (other than a provisional application) must execute an oath or declaration directed to the application, except as provided for in 37 CFR 1.64.” (MPEP 605)
This means that only natural persons can be inventors. However, a legal entity can be an applicant or assignee of a patent application. The distinction is important:
- Inventors: Must be individuals who contributed to the conception of the invention.
- Applicants/Assignees: Can be legal entities that own the rights to the patent.
For example, a company’s employees might be listed as inventors, while the company itself is listed as the applicant or assignee.
To learn more:
Patent Procedure (3)
No, a mere change of business name does not constitute a change in legal entity for patent purposes. However, it is still an important part of the ownership record. As stated in MPEP 314:
Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title.
This means that while the legal entity remains the same, the name change should be recorded to maintain an accurate chain of title for the patent.
According to MPEP 314, a mere change of business name does not constitute a change in legal entity for patent purposes. The MPEP states:
Although a mere change of name does not constitute a change in legal entity, it is properly a link in the chain of title.
This means that while the legal entity remains the same, documenting the name change is still important for maintaining a clear chain of title for the patent.
To learn more:
Can a legal entity be listed as an inventor on a patent application?
No, a legal entity such as a corporation or organization cannot be listed as an inventor on a patent application. The MPEP clearly states:
“[T]he inventor, or each individual who is a joint inventor of a claimed invention, in an application for patent (other than a provisional application) must execute an oath or declaration directed to the application, except as provided for in 37 CFR 1.64.” (MPEP 605)
This means that only natural persons can be inventors. However, a legal entity can be an applicant or assignee of a patent application. The distinction is important:
- Inventors: Must be individuals who contributed to the conception of the invention.
- Applicants/Assignees: Can be legal entities that own the rights to the patent.
For example, a company’s employees might be listed as inventors, while the company itself is listed as the applicant or assignee.
To learn more: