What is the difference between an inventor and an applicant in a patent application?

What is the difference between an inventor and an applicant in a patent application?

In patent applications, the terms ‘inventor’ and ‘applicant’ have distinct meanings:

• Inventor: The person who conceived the invention and is named on the application.
• Applicant: The person or entity applying for the patent, which may or may not be the inventor.

According to MPEP 605, ‘The applicant for a patent is the inventor by default unless the inventor is dead, insane, or legally incapacitated, in which case the applicant may be the legal representative (e.g., executor, administrator, etc.) of the inventor.’ However, the America Invents Act (AIA) allows for non-inventor applicants in certain situations, such as when the invention is assigned or there’s an obligation to assign.

To learn more:

• inventor
• applicant
• patent application
• AIA
• legal representative