To whom is a patent granted when filed by someone other than the inventor?
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…
Read MoreWhat information must be included in the application data sheet when filed by a non-inventor applicant?
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…
Read MoreHow does the process differ for international patent applications filed by non-inventor applicants?
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…
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