Home > Functions of a Patent > Who Can Apply For a Patent

Who Can Apply For a Patent

A patent gives an inventor the exclusive right to benefit from his invention. This also restricts other people from taking advantage or getting benefits from the hard work of others. In the United States, patent law is governed by the United States of Patent and Trademark Office or USPTO. This office receives all the applications for a patent. They are also in-charged in the review, study and examination of the applications before granting the approval. Approval may take time, but once a patent is obtained, more benefits will be enjoyed by the inventor. But who can apply for a patent?

The law requires that only the inventor has the right to apply for a patent, but some exceptions may apply. If a person applied for a patent and he is not the inventor, the patent obtained shall be considered invalid. He will also be subjected to criminal penalties for falsely stating that he is the inventor.

If two or more persons jointly made an invention, they may apply for a patent as joint investors. An individual who made a financial contribution to an invention cannot be considered as joint inventor and therefore cannot apply for a patent as a joint inventor. Financial share can be granted to him instead, once the invention is already earning profits.

In a case where the inventor died after an invention is made, the application can be made by a legal representative referring to the administrator or executor of the estate. If the inventor loses his sanity, the application for a patent can be made by the guardian. Lastly, if the inventor refuses to apply for a patent or is missing, a joint inventor or a person with proprietary interest in the invention may apply on his behalf.