§ 118. — Filing by other than inventor.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC118]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 11--APPLICATION FOR PATENT
Sec. 118. Filing by other than inventor
Whenever an inventor refuses to execute an application for patent,
or cannot be found or reached after diligent effort, a person to whom
the inventor has assigned or agreed in writing to assign the invention
or who otherwise shows sufficient proprietary interest in the matter
justifying such action, may make application for patent on behalf of and
as agent for the inventor on proof of the pertinent facts and a showing
that such action is necessary to preserve the rights of the parties or
to prevent irreparable damage; and the Director may grant a patent to
such inventor upon such notice to him as the Director deems sufficient,
and on compliance with such regulations as he prescribes.
(July 19, 1952, ch. 950, 66 Stat. 799; Pub. L. 106-113, div. B,
Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113
Stat. 1536, 1501A-582; Pub. L. 107-273, div. C, title III,
Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
Historical and Revision Notes
This section is new and provides for the filing of an application by
another on behalf of the inventor in certain special hardship
situations.
Amendments
2002--Pub. L. 107-273 made technical correction to directory
language of Pub. L. 106-113. See 1999 Amendment note below.
1999--Pub. L. 106-113, as amended by Pub. L. 107-273, substituted
``Director'' for ``Commissioner'' in two places.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999,
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of this title.
