Introduction
Patent is an exclusive right granted to an inventor for a limited period of time in exchange for a full disclosure of the invention. It gives the inventor the right to prevent others from making, using, selling, and importing the invention. However, not everyone can apply for a patent. In this article, we will discuss who may apply for a patent.
Individual Inventors
Individual inventors are the most common applicants for patents. An individual inventor is a person who comes up with a unique idea or invention and wants to protect it from being copied by others. To apply for a patent, the inventor must be the one who conceived of the invention and reduced it to practice.
Joint Inventors
Joint inventors are two or more people who work together to create an invention. Each joint inventor has an equal right to apply for a patent. However, if one of the joint inventors applies for a patent without the consent of the others, the patent may be invalid.
Assignees
An assignee is a person or company to whom the inventor has transferred or assigned the right to apply for a patent. This can happen when the inventor sells their invention or assigns the right to apply for a patent to a company or investor.
Employers
Employers can apply for a patent if the invention was made by an employee within the scope of their employment. However, the employer must show that the invention was made during the course of the employee’s duties and that the employee had a duty to invent as part of their job.
Q&A
Q: Can a non-U.S. citizen apply for a patent in the United States?
A: Yes, a non-U.S. citizen can apply for a patent in the United States. However, the applicant must have a U.S. address for correspondence and be represented by a U.S. patent attorney or agent.
Q: Can a corporation apply for a patent?
A: Yes, a corporation can apply for a patent. The corporation must be a legal entity recognized by the state where it is incorporated and have the right to own property.
Q: Can a minor apply for a patent?
A: Yes, a minor can apply for a patent. However, a minor may need to have a legal guardian or representative to act on their behalf.
Conclusion
In summary, individuals, joint inventors, assignees, and employers can apply for a patent. It is important to understand who can apply for a patent before submitting an application to the U.S. Patent and Trademark Office. If you are unsure whether you are eligible to apply for a patent, consult a patent attorney or agent.
