[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR1.41]

[Page 42]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES 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.Sec. 1.53(d)(4) and 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 applicant files a paper, including the processing fee 
set forth in Sec. 1.17(i), 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 applicant files a paper including the processing 
fee set forth in Sec. 1.17(q), 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, 
residence, and citizenship of each person believed to be an actual 
inventor should be provided when the application papers pursuant to Sec. 
1.53(b) or Sec. 1.53(c) are filed.
    (4) The inventorship of an international application entering the 
national stage under 35 U.S.C. 371 is that inventorship set forth in the 
international application, which includes any change effected under PCT 
Rule 92bis. See Sec. 1.497(d) and (f) for filing an oath or declaration 
naming an inventive entity different from the inventive entity named in 
the international application, or if a change to the inventive entity 
has been effected under PCT Rule 92bis subsequent to the execution of 
any declaration filed under PCT Rule 4.17(iv) (Sec. 1.48(f)(1) does not 
apply to an international application entering the national stage under 
35 U.S.C. 371).
    (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 Sec.Sec. 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 physically or 
electronically deliver an application for patent to the Office 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; 65 FR 54662, Sept. 8, 2000; 67 FR 523, Jan. 4, 
2002]