Patent bar Application parts, filing date and formalities question: Engineers Wu and Kaur assigned

Patent barApplication parts, filing date and formalities

Engineers Wu and Kaur assigned their invention to Tessera Corp. before filing. Tessera wants to file the application itself and prosecute it. Under 37 CFR 1.46, which statement is correct?

A Tessera must wait until a patent issues to take over as applicant
B Tessera may be the applicant only if both inventors refuse to sign
C Only the inventors may be the applicant; Tessera can act only by power of attorney
D Tessera may be the applicant, and then no inventor need be named
E Tessera may be the applicant; the inventors still declare

Show the answer and explanation

Answer: E. Tessera may be the applicant; the inventors still declare

Answer: Tessera may be the applicant; the inventors still declare. Under 37 CFR 1.46, a person to whom the inventor has assigned or is under an obligation to assign may make an application as the applicant. The inventors must still be named, and each must execute an oath or declaration unless a substitute statement is allowed (MPEP 409.05, 602.01). Why not the others: - Inventors only: since the AIA, an assignee may be the applicant. - Only on refusal: refusal matters for substitute statements, not for the assignee's right to apply. - No inventor named: the inventors must always be named. - Waiting until issue: an assignee may be the applicant from filing. Rule: An assignee or obligated assignee may be the applicant; inventors are still named and declare. Source: MPEP § 409.05, § 602.01 (9th ed., Rev. 01.2024); 35 U.S.C. 118; 37 CFR 1.46; as at Oct 2026

Common mistake

Thinking only inventors can be applicants after the AIA.

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Original study material written from the MPEP; not a question from the current exam.Independent. Not affiliated with or endorsed by the USPTO. Verify figures and rules against current guidance before relying on them.