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 (1)
When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e):
35 U.S.C. 118 states: 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.
37 CFR 1.46(e) further clarifies: If a patent is granted 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. Otherwise, the patent may be issued to the assignee or jointly to the inventor and the assignee as provided in § 3.81.
MPEP 308 - Issue to Applicant (1)
When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e):
35 U.S.C. 118 states: 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.
37 CFR 1.46(e) further clarifies: If a patent is granted 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. Otherwise, the patent may be issued to the assignee or jointly to the inventor and the assignee as provided in § 3.81.
MPEP 400 - Representative of Applicant or Owner (2)
When a patent application is filed by someone other than the inventor under 37 CFR 1.46, the application must contain an application data sheet (ADS) with specific information. According to 37 CFR 1.46(b), the ADS must specify in the applicant information section:
- The assignee
- The person to whom the inventor is under an obligation to assign the invention
- The person who otherwise shows sufficient proprietary interest in the matter
This information should be provided in the applicant information section of the ADS, as specified in 37 CFR 1.76(b)(7). Ensuring this information is correctly included in the ADS is crucial for establishing the proper applicant for the patent application.
To learn more:
For international patent applications filed by non-inventor applicants, there are specific requirements outlined in 37 CFR 1.46(b):
If an application entering the national stage under 35 U.S.C. 371, or a nonprovisional international design application, is applied for by a person other than the inventor under paragraph (a) of this section, the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter must have been identified as the applicant for the United States in the international stage of the international application or as the applicant in the publication of the international registration under Hague Agreement Article 10(3).
This means that for PCT applications entering the U.S. national stage or for international design applications, the non-inventor applicant must have been properly identified as the applicant for the United States during the international phase or in the international registration publication.
To learn more:
Patent Law (3)
When a patent application is filed by someone other than the inventor under 37 CFR 1.46, the application must contain an application data sheet (ADS) with specific information. According to 37 CFR 1.46(b), the ADS must specify in the applicant information section:
- The assignee
- The person to whom the inventor is under an obligation to assign the invention
- The person who otherwise shows sufficient proprietary interest in the matter
This information should be provided in the applicant information section of the ADS, as specified in 37 CFR 1.76(b)(7). Ensuring this information is correctly included in the ADS is crucial for establishing the proper applicant for the patent application.
To learn more:
When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e):
35 U.S.C. 118 states: 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.
37 CFR 1.46(e) further clarifies: If a patent is granted 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. Otherwise, the patent may be issued to the assignee or jointly to the inventor and the assignee as provided in § 3.81.
For international patent applications filed by non-inventor applicants, there are specific requirements outlined in 37 CFR 1.46(b):
If an application entering the national stage under 35 U.S.C. 371, or a nonprovisional international design application, is applied for by a person other than the inventor under paragraph (a) of this section, the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter must have been identified as the applicant for the United States in the international stage of the international application or as the applicant in the publication of the international registration under Hague Agreement Article 10(3).
This means that for PCT applications entering the U.S. national stage or for international design applications, the non-inventor applicant must have been properly identified as the applicant for the United States during the international phase or in the international registration publication.
To learn more:
Patent Procedure (3)
When a patent application is filed by someone other than the inventor under 37 CFR 1.46, the application must contain an application data sheet (ADS) with specific information. According to 37 CFR 1.46(b), the ADS must specify in the applicant information section:
- The assignee
- The person to whom the inventor is under an obligation to assign the invention
- The person who otherwise shows sufficient proprietary interest in the matter
This information should be provided in the applicant information section of the ADS, as specified in 37 CFR 1.76(b)(7). Ensuring this information is correctly included in the ADS is crucial for establishing the proper applicant for the patent application.
To learn more:
When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e):
35 U.S.C. 118 states: 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.
37 CFR 1.46(e) further clarifies: If a patent is granted 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. Otherwise, the patent may be issued to the assignee or jointly to the inventor and the assignee as provided in § 3.81.
For international patent applications filed by non-inventor applicants, there are specific requirements outlined in 37 CFR 1.46(b):
If an application entering the national stage under 35 U.S.C. 371, or a nonprovisional international design application, is applied for by a person other than the inventor under paragraph (a) of this section, the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter must have been identified as the applicant for the United States in the international stage of the international application or as the applicant in the publication of the international registration under Hague Agreement Article 10(3).
This means that for PCT applications entering the U.S. national stage or for international design applications, the non-inventor applicant must have been properly identified as the applicant for the United States during the international phase or in the international registration publication.
To learn more: