How 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 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.
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