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Guided answer
Who should be the applicant and who should be named as inventor?
The applicant and the inventor are not always the same person. Pick the closest situation and see what you need.
Commissioned work needs a written assignment.
High complexity - significant legal consequences
- None of the sections we checked (6, 7, 20, 28, 50, 68) gives the person who paid for the work an automatic right.
- Check the contract or grant terms, then get a signed assignment that identifies the invention (section 68). Without one, the inventor may be the person entitled to apply.
- Funders such as government agencies, universities or industry sponsors often impose consent or reporting duties, so read the agreement before you file.
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Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.