35 U.S.C. 118 — Filing by other than inventor
Ninth Edition, Revision 01.2024
[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.)
Cited authority
Cited by
- 2139.03 Form Paragraphs for Use in Rejections Under Pre-AIA 35 U.S.C. 102
- 2148 Form Paragraphs for Use in Rejections Under Pre-AIA 35 U.S.C. 103
- 2152.07 Form Paragraphs for Use in Rejections Under AIA 35 U.S.C. 102
- 2155.05 Who May File an Affidavit or Declaration Under 37 CFR 1.130
- 2158.01 Form Paragraphs for Use in Rejections Under AIA 35 U.S.C. 103
- 2803 Persons Who May File a Request for Supplemental Examination
- 308 Issue to Applicant
- 409.01(a) Deceased or Legally Incapacitated Inventor - Application Filed on or After September 16, 2012
- 601.05(a) Application Data Sheet (ADS) -- Application Filed On or After September 16, 2012
- 601.05(b) Application Data Sheet (ADS) in Application Filed Before September 16, 2012
- 605.01 Applicant for Application filed on or after September 16, 2012
- 717.01(c) Who May Make Affidavit or Declaration; Formal Requirements of Affidavits and Declarations
- 804 Definition of Double Patenting
- 804.03 Commonly Owned Inventions of Different Inventive Entities; Non-Commonly Owned Inventions Subject to a Joint Research Agreement
- 35 U.S.C. 118 (pre-AIA) Filing by other than inventor
- 37 CFR 1.76 Application data sheet