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A patent can only be applied for by the legal owner of the invention ('patent applicant'). The inventor is the legal owner of the invention unless this has been assigned to another party under a contract or by applicable law (see below).
If you do creative, engineering, design, or development work, your employer might ask you to sign an invention assignment agreement: a contract giving your employer ownership rights in inventions and intellectual property you develop during your employment.
If an assignment of a provisional application is executed before the provisional application is filed, it must identify the provisional application by name(s) of the inventors and the title of the invention.
A patent or patent application is assignable by an instrument in writing, and the assignment of the patent, or patent application, transfers to the assignee(s) an alienable (transferable) ownership interest in the patent or application.
Provisional patent applications do not need to be assigned upon filing. However, it is a good idea to get an assignment executed by an inventor(s) sooner rather than later if another person or entity intends to own the rights to the patent.
During examination of a pending patent application or after the patent is granted, the owner of the patent may change: 1) the original owner may transfer ownership to another entity or party, through an "assignment;" or 2) the original owner may retain ownership but change its name.
During examination of a pending patent application or after the patent is granted, the owner of the patent may change: 1) the original owner may transfer ownership to another entity or party, through an "assignment;" or 2) the original owner may retain ownership but change its name.
When Can You Say "Patent Pending"? It is appropriate to add the term "patent pending" to your product or process as soon as your provisional patent application has been submitted to the USPTO and has been dated. You can use that designation for up to one year without filing for an extension.