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According to the law, only the inventor may apply for
a patent, with certain exceptions. If a person who is
not the inventor should apply for a patent, the patent,
if it were obtained, would be invalid. The person applying
in such a case who falsely states that he/she is the inventor
would also be subject to criminal penalties. If the inventor
is dead, the application may be made by legal representatives,
that is, the administrator or executor of the estate.
If the inventor is insane, the application for patent
may be made by a guardian. If an inventor refuses to apply
for a patent or cannot be found, a joint inventor or,
if there is no joint inventor available, a person having
a proprietary interest in the invention may apply on behalf
of the non-signing inventor.
If two or more persons make an invention jointly, they
apply for a patent as joint inventors. A person who makes
only a financial contribution is not a joint inventor
and cannot be joined in the application as an inventor.
It is possible to correct an innocent mistake in erroneously
omitting an inventor or in erroneously naming a person
as an inventor.
Officers and employees of the United States Patent and
Trademark Office are prohibited by law from applying for
a patent or acquiring, directly or indirectly, except
by inheritance or bequest, any patent or any right or
interest in any patent.
www.uspto.gov
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