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I want to file an Non provisional application to USPTO. We are two inventors and we want to name our organisation as applicant. I read the following on USPTO site:

  1. Applicant Information – for applications filed on/after September 16, 2012, if a juristic entity (e.g., corporation, association) is identified as an applicant, then the ADS must be signed by a patent practitioner. See MPEP 605.01 for who can be named as the applicant: https://www.uspto.gov/web/offices/pac/mpep/s605.html#ch600_d1ff6a_29cdf_36f

I didn't understand what it does mean. If we want to file and name our organization as applicant in our case, who is defined as patent practitioner? Should we hire an attorney to do that? or I can be the patent practitioner?

Thank you in advanced. Best regards

  • As a comment - Inventors can sometimes be successful in writing and prosecuting their own patents but it is very steep curve to learn. If you take this path I recommend you study Patent It Yourself by David Pressman or some similar work. – George White May 1 at 18:28
  • Thank you for your prompt response. It is clear now. – Joorey A May 1 at 21:16
  • If you like the answer you can click the check mark to accept it. I don't need the points but wanted to explain how the site works. – George White May 1 at 22:39
  • Hello again, If the patent filed by inventors as applicants and the organization as assignee. Can the inventors later submit a request to change the applicant name using corrected ADS? – Joorey A May 4 at 12:19
  • With the help of your (needed) registered practitioner you could do that, but it does not really matter who the applicant is. The issued patent will be owned by the assignee. Until about 8 years ago every U.S. patent was filed with an inventor as applicant. I worked for Intel and the patent I was an inventor on had one of the inventors as the applicant and Intel as the assignee. The change to let the applicant be a company was a way for companies to file with less red-tape when they had an uncooperative or hard to locate inventor. – George White May 4 at 17:52
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A patent practitioner is someone who is registered with the USPTO as allowed to practice before the office on behalf of others. Unless you have passed the patent bar exam, etc. you are not a patent practitioner.

Reading the bold text carefully you will see it applies to a "juristic entity". That means, as it says, that the applicant is a corporation. Patent applications can either be written and filed by a registered patent practitioner or by one of the inventors. In the case that the applicant is a corporation, the application must be filed by a registered practitioner.

Unless you hire a patent attorney or agent you can't have the applicant be your company - however either of you can be the applicant and later assign it to the company. That can be at the same time you file. Until the AIA law only inventors could be applicants, with a company often being an assignee.

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