Who May Apply for a Patent

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.

Patents and How to Get One: A Practical Handbook · 第 15 / 44 题