Who can file a patent application under 35 U.S.C. 118?

According to 35 U.S.C. 118, the following parties can file a patent application:

• 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 shows sufficient proprietary interest in the matter, acting as an agent for the inventor

The law 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.