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)
For applications filed on or after September 16, 2012, the following parties may file a patent application as the applicant:
- The inventor(s)
- An assignee to whom the inventor has assigned the invention
- An obligated assignee to whom the inventor is under an obligation to assign the invention
- A person who otherwise shows sufficient proprietary interest in the matter
As stated in 37 CFR 1.46(a): “A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent. A person who otherwise shows sufficient proprietary interest in the matter may make an application for patent on behalf of and as agent for the inventor on proof of the pertinent facts and a showing that such action is appropriate to preserve the rights of the parties.”
In patent applications, there is a distinction between an assignee and an obligated assignee. According to MPEP 409.05:
- Assignee: A person or entity to whom the inventor has already transferred ownership rights of the invention.
- Obligated Assignee: A person or entity to whom the inventor is under a contractual obligation to assign the invention in the future, but the transfer has not yet occurred.
The MPEP states:
Quote: ‘A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent.’
Both assignees and obligated assignees have the right to file patent applications under this provision. The key difference lies in the timing and completion of the assignment process. An assignee has already received the rights, while an obligated assignee has a binding agreement to receive the rights in the future.
To learn more:
Patent Law (2)
For applications filed on or after September 16, 2012, the following parties may file a patent application as the applicant:
- The inventor(s)
- An assignee to whom the inventor has assigned the invention
- An obligated assignee to whom the inventor is under an obligation to assign the invention
- A person who otherwise shows sufficient proprietary interest in the matter
As stated in 37 CFR 1.46(a): “A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent. A person who otherwise shows sufficient proprietary interest in the matter may make an application for patent on behalf of and as agent for the inventor on proof of the pertinent facts and a showing that such action is appropriate to preserve the rights of the parties.”
In patent applications, there is a distinction between an assignee and an obligated assignee. According to MPEP 409.05:
- Assignee: A person or entity to whom the inventor has already transferred ownership rights of the invention.
- Obligated Assignee: A person or entity to whom the inventor is under a contractual obligation to assign the invention in the future, but the transfer has not yet occurred.
The MPEP states:
Quote: ‘A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent.’
Both assignees and obligated assignees have the right to file patent applications under this provision. The key difference lies in the timing and completion of the assignment process. An assignee has already received the rights, while an obligated assignee has a binding agreement to receive the rights in the future.
To learn more:
Patent Procedure (2)
For applications filed on or after September 16, 2012, the following parties may file a patent application as the applicant:
- The inventor(s)
- An assignee to whom the inventor has assigned the invention
- An obligated assignee to whom the inventor is under an obligation to assign the invention
- A person who otherwise shows sufficient proprietary interest in the matter
As stated in 37 CFR 1.46(a): “A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent. A person who otherwise shows sufficient proprietary interest in the matter may make an application for patent on behalf of and as agent for the inventor on proof of the pertinent facts and a showing that such action is appropriate to preserve the rights of the parties.”
In patent applications, there is a distinction between an assignee and an obligated assignee. According to MPEP 409.05:
- Assignee: A person or entity to whom the inventor has already transferred ownership rights of the invention.
- Obligated Assignee: A person or entity to whom the inventor is under a contractual obligation to assign the invention in the future, but the transfer has not yet occurred.
The MPEP states:
Quote: ‘A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent.’
Both assignees and obligated assignees have the right to file patent applications under this provision. The key difference lies in the timing and completion of the assignment process. An assignee has already received the rights, while an obligated assignee has a binding agreement to receive the rights in the future.
To learn more: