37 CFR 1.424: Assignee, obligated assignee, or person having sufficient proprietary interest as applicant in an international application

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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1.424    Assignee, obligated assignee, or person having sufficient proprietary interest as applicant in an international application.

[Editor Note: Applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012*]

  • (a)) A person to whom the inventor has assigned or is under an obligation to assign the invention may be an applicant in an international application which designates the United States of America. A person who otherwise shows sufficient proprietary interest in the matter may be an applicant in an international application which designates the United States of America on proof of the pertinent facts and a showing that such action is appropriate to preserve the rights of the parties.
  • (b) Neither any showing required under paragraph (a) of this section nor documentary evidence of ownership or proprietary interest will be required or considered by the Office in the international stage, but will be required in the national stage in accordance with the conditions and requirements of § 1.46.
[Added, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]
[*The changes effective Sept. 16, 2012 are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012.]