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Federal Register / Vol. 77, No. 157 / Tuesday, August 14, 2012 / Rules and Regulations48815sroberts on DSK5SPTVN1PROD with RULES(c) The inventorship of a provisionalapplication is the inventor or jointinventors set forth in the cover sheet asprescribed by § 1.51(c)(1). Once a coversheet as prescribed by § 1.51(c)(1) isfiled in a provisional application, anycorrection of inventorship must bepursuant to § 1.48. If a cover sheet asprescribed by § 1.51(c)(1) is not filedduring the pendency of a provisionalapplication, the inventorship is theinventor or joint inventors set forth inthe application papers filed pursuant to§ 1.53(c), unless applicant files a paperincluding the processing fee set forth in§ 1.17(q), supplying the name or namesof the inventor or joint inventors.(d) In a nonprovisional applicationunder 35 U.S.C. 111(a) filed without anapplication data sheet or the inventor’soath or declaration, or in a provisionalapplication filed without a cover sheetas prescribed by § 1.51(c)(1), the nameand residence of each person believed tobe an actual inventor should beprovided when the application paperspursuant to § 1.53(b) or § 1.53(c) arefiled.(e) The inventorship of aninternational application entering thenational stage under 35 U.S.C. 371 is theinventor or joint inventors set forth inthe application data sheet in accordancewith § 1.76 filed with the initialsubmission under 35 U.S.C. 371. Unlessthe initial submission under 35 U.S.C.371 is accompanied by an applicationdata sheet in accordance with § 1.76setting forth the inventor or jointinventors, the inventorship is theinventor or joint inventors set forth inthe international application, whichincludes any change effected under PCTRule 92 bis.■ 16. Section 1.42 is revised to read asfollows:§ 1.42 Applicant for patent.(a) The word ‘‘applicant’’ when usedin this title refers to the inventor or allof the joint inventors, or to the personapplying for a patent as provided in§§ 1.43, 1.45, or 1.46.(b) If a person is applying for a patentas provided in § 1.46, the word‘‘applicant’’ refers to the assignee, theperson to whom the inventor is underan obligation to assign the invention, orthe person who otherwise showssufficient proprietary interest in thematter, who is applying for a patentunder § 1.46 and not the inventor.(c) If fewer than all joint inventors areapplying for a patent as provided in§ 1.45, the phrase ‘‘the applicant’’ meansthe joint inventors who are applying forthe patent without the omittedinventor(s).(d) Any person having authority maydeliver an application and fees to theOffice on behalf of the applicant.However, an oath or declaration, orsubstitute statement in lieu of an oath ordeclaration, may be executed only inaccordance with § 1.63 or 1.64, acorrespondence address may beprovided only in accordance with§ 1.33(a), and amendments and otherpapers must be signed in accordancewith § 1.33(b).(e) The Office may require additionalinformation where there is a questionconcerning ownership or interest in anapplication, and a showing may berequired from the person filing theapplication that the filing wasauthorized where such authorizationcomes into question.■ 17. Section 1.43 is revised to read asfollows:§ 1.43 Application for patent by a legalrepresentative of a deceased or legallyincapacitated inventor.If an inventor is deceased or underlegal incapacity, the legal representativeof the inventor may make an applicationfor patent on behalf of the inventor. Ifan inventor dies during the timeintervening between the filing of theapplication and the granting of a patentthereon, the letters patent may be issuedto the legal representative upon properintervention. See § 1.64 concerning theexecution of a substitute statement by alegal representative in lieu of an oath ordeclaration.■ 18. Section 1.45 is revised to read asfollows:§ 1.45 Application for patent by jointinventors.(a) Joint inventors must apply for apatent jointly, and each must make aninventor’s oath or declaration asrequired by § 1.63, except as providedfor in § 1.64. If a joint inventor refusesto join in an application for patent orcannot be found or reached afterdiligent effort, the other joint inventoror inventors may make the applicationfor patent on behalf of themselves andthe omitted inventor. See § 1.64concerning the execution of a substitutestatement by the other joint inventor orinventors in lieu of an oath ordeclaration.(b) Inventors may apply for a patentjointly even though:(1) They did not physically worktogether or at the same time;(2) Each inventor did not make thesame type or amount of contribution; or(3) Each inventor did not make acontribution to the subject matter ofevery claim of the application.VerDate Mar2010 17:28 Aug 13, 2012 Jkt 226001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\14AUR6.SGM 14AUR6(c) If multiple inventors are named ina nonprovisional application, eachnamed inventor must have made acontribution, individually or jointly, tothe subject matter of at least one claimof the application and the applicationwill be considered to be a jointapplication under 35 U.S.C. 116. Ifmultiple inventors are named in aprovisional application, each namedinventor must have made acontribution, individually or jointly, tothe subject matter disclosed in theprovisional application and theprovisional application will beconsidered to be a joint applicationunder 35 U.S.C. 116.■ 19. Section 1.46 is revised to read asfollows:§ 1.46 Application for patent by anassignee, obligated assignee, or a personwho otherwise shows sufficient proprietaryinterest in the matter.(a) A person to whom the inventor hasassigned or is under an obligation toassign the invention may make anapplication for patent. A person whootherwise shows sufficient proprietaryinterest in the matter may make anapplication for patent on behalf of andas agent for the inventor on proof of thepertinent facts and a showing that suchaction is appropriate to preserve therights of the parties.(b) If an application under 35 U.S.C.111 is made by a person other than theinventor under paragraph (a) of thissection, the application must contain anapplication data sheet under § 1.76specifying in the applicant informationsection (§ 1.76(b)(7)) the assignee,person to whom the inventor is underan obligation to assign the invention, orperson who otherwise shows sufficientproprietary interest in the matter. If theapplication is the national stage of aninternational application, the personwho is identified in the internationalstage as an applicant for the UnitedStates is the person specified as theoriginal applicant for the national stage.(1) If the applicant is the assignee ora person to whom the inventor is underan obligation to assign the invention,documentary evidence of ownership(e.g., assignment for an assignee,employment agreement for a person towhom the inventor is under anobligation to assign the invention)should be recorded as provided for inpart 3 of this chapter no later than thedate the issue fee is paid in theapplication.(2) If the applicant is a person whootherwise shows sufficient proprietaryinterest in the matter, such applicantmust submit a petition including:(i) The fee set forth in § 1.17(g);