Statutes, codes, and regulations
Code of Federal Regulations
Title 37 - PATENTS, TRADEMARKS, AND COPYRIGHTSChapter I - UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCESubchapter A - GENERALPart 1 - RULES OF PRACTICE IN PATENT CASESSubpart B - NATIONAL PROCESSING PROVISIONS
WHO MAY APPLY FOR A PATENT
Section 1.42 - Applicant for patent

37 C.F.R. § 1.42

Download
PDF
Current through October 31, 2024
Section 1.42 - Applicant for patent
(a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 .
(b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and not the inventor.
(c) If fewer than all joint inventors are applying for a patent as provided in § 1.45 , the phrase "the applicant" means the joint inventors who are applying for the patent without the omitted inventor(s).
(d) Any person having authority may deliver an application and fees to the Office on behalf of the applicant. However, an oath or declaration, or substitute statement in lieu of an oath or declaration, may be executed only in accordance with § 1.63 or 1.64 , a correspondence address may be provided only in accordance with § 1.33(a) , and amendments and other papers must be signed in accordance with § 1.33(b) .
(e) The Office may require additional information where there is a question concerning ownership or interest in an application, and a showing may be required from the person filing the application that the filing was authorized where such authorization comes into question.

37 C.F.R. §1.42

77 FR 48815 , Aug. 14, 2012

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.