Can a company be listed as the applicant for a patent application?
Yes, a company can be listed as the applicant for a patent application, but the rules differ depending on when the application was filed. According to MPEP § 605:
For applications filed on or after September 16, 2012:
“Effective September 16, 2012, the Office revised the rules of practice to permit a person to whom the inventor has assigned or is under an obligation to assign an invention to file and prosecute an application for patent as the applicant.”
This means that a company can be listed as the applicant if:
- The inventor has assigned the invention to the company
- The inventor is under an obligation to assign the invention to the company
For applications filed before September 16, 2012:
“For applications filed before September 16, 2012, a person to whom the inventor assigned an invention could file and prosecute an application for patent, but the inventor is considered the applicant.”
In this case, while a company could file and prosecute the application, the inventor would still be considered the applicant.
It’s important to note that regardless of who is listed as the applicant, the true inventor(s) must always be named in the application.
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