MPEP Q & A 236: Who is the applicant for a patent?

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Question:

Who is the applicant for a patent?

Answer:

The applicant for patent is all parties identified as the applicant under 37 CFR 1.42(a).

Where the applicant is all of the joint inventors under 37 CFR 1.45, one or more of the joint inventor-applicants may be appointed to represent on behalf of all of the joint inventor-applicants. The power of attorney must be signed by parties identified as the applicant in order to be effective.

Chapter Details:

The answer to this question can be found in chapter 400 of the MPEP. This chapter covers the Representative of the Applicant or Owner.

The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 402.02(a) of the MPEP.  The following is a brief summary of section 402.02(a).

402.02(a) Appointment in Application Filed On or After September 16, 2012

This section discusses the appointment of a power of attorney in an application filed on or after September 16, 2012.

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