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35 U.S.C. § 118 — Filing by other than inventor

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 115 words · no verdicts yet

in plain englishAI-generated · not legal advice

Someone the inventor has assigned the invention to, or must assign it to, may file the patent application. A person with a real ownership interest can also file as the inventor's agent, if needed. If granted, the patent goes to the true owner, with notice to the inventor.

Someone the inventor has assigned the invention to - or who the inventor is obligated to assign it to - may file a patent application on the invention. A person who otherwise shows they have a real, sufficient ownership stake in the invention may also file an application, acting as the inventor's agent. To do this, they must prove the relevant facts and show that filing this way is needed to protect everyone's rights in the invention. If the Director grants a patent based on an application filed this way - by someone other than the inventor - the patent is granted to whoever actually holds the rights to it. The Director must also give the inventor whatever notice the Director thinks is enough under the circumstances.
the actual law source: uscode.house.gov ↗public domain

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. If the Director grants a patent on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest and upon such notice to the inventor as the Director considers to be sufficient.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 799; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, § 4(b)(1), Sept. 16, 2011, 125 Stat. 296.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 799
  • 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1906
  • 2011Amended · Pub. L. 112-29 · 125 Stat. 296

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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