Who is presumed to be the owner of a patent application?

The presumption of ownership for patent applications depends on the filing date. According to MPEP 301:

‘For applications filed on or after September 16, 2012, the original applicant is presumed to be the owner of the application for an original patent. For applications filed before September 16, 2012, the ownership of the patent (or the application for the patent) initially vests in the named inventors of the invention of the patent.’

This change in presumption reflects updates to U.S. patent law under the America Invents Act. It’s important for applicants and inventors to be aware of this presumption, as it can affect various aspects of patent prosecution and ownership rights.