[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR1.41]

[Page 31]
 
             TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
    CHAPTER I--PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE
 
PART 1--RULES OF PRACTICE IN PATENT CASES--Table of Contents
 
                Subpart B--National Processing Provisions
 
Sec. 1.41  Applicant for patent.

    (a) A patent is applied for in the name or names of the actual 
inventor or inventors.
    (1) The inventorship of a nonprovisional application is that 
inventorship set forth in the oath or declaration as prescribed by 
Sec. 1.63, except as provided for in Sec. 1.53(d)(4) and Sec. 1.63(d). 
If an oath or declaration as prescribed by Sec. 1.63 is not filed during 
the pendency of a nonprovisional application, the inventorship is that 
inventorship set forth in the application papers filed pursuant to 
Sec. 1.53(b), unless a petition under this paragraph accompanied by the 
fee set forth in Sec. 1.17(i) is filed supplying or changing the name or 
names of the inventor or inventors.
    (2) The inventorship of a provisional application is that 
inventorship set forth in the cover sheet as prescribed by 
Sec. 1.51(c)(1). If a cover sheet as prescribed by Sec. 1.51(c)(1) is 
not filed during the pendency of a provisional application, the 
inventorship is that inventorship set forth in the application papers 
filed pursuant to Sec. 1.53(c), unless a petition under this paragraph 
accompanied by the fee set forth in Sec. 1.17(q) is filed supplying or 
changing the name or names of the inventor or inventors.
    (3) In a nonprovisional application filed without an oath or 
declaration as prescribed by Sec. 1.63 or a provisional application 
filed without a cover sheet as prescribed by Sec. 1.51(c)(1), the name 
or names of person or persons believed to be the actual inventor or 
inventors should be provided for identification purposes when the 
application papers pursuant to Sec. 1.53(b) or (c) are filed. If no name 
of a person believed to be an actual inventor is so provided, the 
application should include an applicant identifier consisting of 
alphanumeric characters.
    (b) Unless the contrary is indicated the word ``applicant'' when 
used in these sections refers to the inventor or joint inventors who are 
applying for a patent, or to the person mentioned in Secs. 1.42, 1.43, 
or 1.47 who is applying for a patent in place of the inventor.
    (c) Any person authorized by the applicant may file an application 
for patent on behalf of the inventor or inventors, but an oath or 
declaration for the application (Sec. 1.63) can only be made in 
accordance with Sec. 1.64.
    (d) A showing may be required from the person filing the application 
that the filing was authorized where such authorization comes into 
question.

(35 U.S.C. 6, Pub. L. 97-247)

[48 FR 2708, Jan. 20, 1983; 48 FR 4285, Jan. 31, 1983, as amended at 62 
FR 53184, Oct. 10, 1997]