What is the difference between an assignee and an obligated assignee in patent applications?
In patent applications, there is a distinction between an assignee and an obligated assignee. According to MPEP 409.05:
- Assignee: A person or entity to whom the inventor has already transferred ownership rights of the invention.
- Obligated Assignee: A person or entity to whom the inventor is under a contractual obligation to assign the invention in the future, but the transfer has not yet occurred.
The MPEP states:
Quote: ‘A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent.’
Both assignees and obligated assignees have the right to file patent applications under this provision. The key difference lies in the timing and completion of the assignment process. An assignee has already received the rights, while an obligated assignee has a binding agreement to receive the rights in the future.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure