Can a legal entity be listed as an inventor on a patent application?

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:

• legal entity
• inventor
• patent application
• applicant
• assignee