What information must be included in an application filed by someone other than the inventor?

When an application is filed by someone other than the inventor under 35 U.S.C. 111, it must contain specific information as outlined in 37 CFR 1.46(b):

  • An application data sheet under § 1.76
  • In the applicant information section (§ 1.76(b)(7)), specify:
    • The assignee
    • Person to whom the inventor is under an obligation to assign the invention
    • Person who otherwise shows sufficient proprietary interest in the matter

The regulation states: If an application under 35 U.S.C. 111 is made by a person other than the inventor under paragraph (a) of this section, the application must contain an application data sheet under § 1.76 specifying in the applicant information section (§ 1.76(b)(7)) 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.

Topics: MPEP 300 - Ownership and Assignment, MPEP 308 - Issue to Applicant, Patent Law, Patent Procedure
Tags: 37 CFR 1.46, application data sheet, assignee information, international patent applications