Who May Apply For A Patent

FreshPatents.com is pleased to present this information about "Who May Apply For A Patent". This is the same information as provided by the USPTO for inventors, entrepeneurs and prospective patentholders as of our last update on 01/28/08.
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"Who May Apply For A Patent" patent information

"According to the law, only the inventor may apply for a patent, with certain exceptions. If a person who is not the inventor should apply for a patent, the patent, if it were obtained, would be invalid. The person applying in such a case who falsely states that he/she is the inventor would also be subject to criminal penalties. If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate. If the inventor is insane, the application for patent may be made by a guardian. If an inventor refuses to apply for a patent or cannot be found, a joint inventor or, if there is no joint inventor available, a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor.

If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who makes only a financial contribution is not a joint inventor and cannot be joined in the application as an inventor. It is possible to correct an innocent mistake in erroneously omitting an inventor or in erroneously naming a person as an inventor.

Officers and employees of the United States Patent and Trademark Office are prohibited by law from applying for a patent or acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent."

Source: USPTO - This information on "Who May Apply For A Patent" is current as of: 01/28/08

Contents

1. What Is a Patent?
2. What Is a Trademark or Servicemark?
3. What Is a Copyright?
4. Patent Laws
5. What Can Be Patented
6. Conditions For Obtaining A Patent
7. The United States Patent And Trademark Office
8. Attorneys and Agents
9. Disclosure Document Program
10. Who May Apply For A Patent
11. Non-Provisional Application for a Patent
12. Provisional Application for a Patent
13. Publication of Patent Applications
14. § 1.84 Standards for Drawings
15. Issue of Patent
16. Maintenance Fees
17. Correction of Patents
18. Infringement of Patents
19. Design Patents