Who can file a patent application as the applicant under 37 CFR 1.46?

According to 37 CFR 1.46(a), the following parties can file a patent application as the applicant:

• A person to whom the inventor has assigned the invention
• A person to whom the inventor is under an obligation to assign the invention
• A person who otherwise shows sufficient proprietary interest in the matter

The regulation states: A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent. A person who otherwise shows sufficient proprietary interest in the matter may make an application for patent on behalf of and as agent for the inventor on proof of the pertinent facts and a showing that such action is appropriate to preserve the rights of the parties.

To learn more:

• patent application
• applicant
• assignee
• obligated assignee
• proprietary interest