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 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 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 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.