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

Ninth Edition, Revision 01.2024

[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.