What is an ‘obligated assignee’ in patent applications?

An ‘obligated assignee’ in patent applications refers to a person or entity who is under an obligation to assign the invention but has not yet executed an assignment. This concept is important in the context of MPEP 409.05, which states:

An assignee or obligated assignee who is the applicant may execute a substitute statement under 37 CFR 1.64 in lieu of an inventor’s oath or declaration.

This provision allows an obligated assignee to file a patent application and execute certain documents on behalf of the inventor, even if the formal assignment has not yet been completed.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: obligated assignee, substitute statement