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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.
Check who holds the right before you file.
High complexity - significant legal consequences
- If you have agreed to assign the invention, the assignee may be the proper applicant (section 6(1)(b)).
- If the applicant is an assignee, proof of the right must come with the application or within six months of filing (section 7(2); rule 10).
- The application must name you as inventor and, if you are not an applicant, include a declaration of belief by the applicant (section 7(3)).
- An assignment must be in writing and duly executed (section 68).
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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.