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

Title 3535 U.S.C.Statutes & rulesCited by 12 §§

Statute text

Copy text

35 U.S.C. · MPEP Appendix L (Revision 01.2024)

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

[Editor Note: Applicable to any patent application filed on or after September 16, 2012. See 35 U.S.C. 118 (pre-AIA) for the law otherwise applicable.]

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.

(Amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)); amended Sept. 16, 2011, Public Law 112-29, sec. 4(b), 125 Stat. 284, effective Sept. 16, 2012.)

[top]

Prior version

35 U.S.C. 118 (pre-AIA) Filing by other than inventor.

[Editor Note: Not applicable to any patent application filed on or after September 16, 2012. See 35 U.S.C. 118 for the law otherwise applicable.]

Whenever an inventor refuses to execute an application for patent, or cannot be found or reached after diligent effort, a person to whom the inventor has assigned or agreed in writing to assign the invention or who otherwise shows sufficient proprietary interest in the matter justifying such action, may make 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 necessary to preserve the rights of the parties or to prevent irreparable damage; and the Director may grant a patent to such inventor upon such notice to him as the Director deems sufficient, and on compliance with such regulations as he prescribes.

(Amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)).)

[top]