Who can sign the statement required by the Atomic Energy Act or NASA Act regarding the conception and making of an invention?

The word “applicant” in the Atomic Energy Act and NASA Act is construed by the USPTO to mean the inventor(s), an assignee, obligated assignee, or a person who otherwise shows sufficient proprietary interest in the matter. In the ordinary situation, the statements must be signed by:

  • The inventor or joint inventors
  • An assignee
  • An obligated assignee
  • A person who otherwise shows sufficient proprietary interest in the matter

This is consistent with the fact that these parties would be most knowledgeable of the “full facts concerning the circumstances under which such invention was made” (42 U.S.C. 2457) or “full facts surrounding the making or conception of the invention or discovery” (42 U.S.C. 2182).

Topics: MPEP 151 - Content of the Statements, Patent Law
Tags: applicant definition, assignee signature, Atomic Energy Act statement, inventor signature, NASA Act statement