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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.
Usually the organisation applies as assignee, with every inventor named.
Moderate complexity - several routes or missing facts
- The organisation applies as assignee of each inventor's right to apply (section 6(1)(b)); get a signed assignment from every inventor.
- Name all true inventors (section 7(3)); leaving one out can be fixed only before grant (section 28).
- The sections we checked set no default rule for employee inventions, so rely on the written assignment or contract rather than the employment relationship.
- If the organisation relies on startup, small-entity or educational-institution status, check the definitions in rule 2 against the legal entity that is the applicant.
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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.