35 USC 118 – Filing by other than inventor
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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.
Terms Used In 35 USC 118
- invention: means invention or discovery. See 35 USC 100
- inventor: means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention. See 35 USC 100
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.