Difference Between Patent Applicant vs Patent Assignee

Introduction

Understanding key terms and distinctions is necessary in the sphere of intellectual property, especially patents. Two fundamental concepts are the “patent applicant” and the “patent assignee.” Although these names may seem identical to those unfamiliar with patents, they entail different roles and functions within the patent process.

The patent applicant is the person or entity that submits a patent application, asserting ownership of a new invention and seeking legal protection for it. In contrast, the patent assignee is the recipient of the rights to the invention or patent application, gaining ownership by acquiring these rights.

Understanding these differences is crucial for anyone engaged in developing, protecting, or using innovative ideas for business purposes.

Understanding the Differences Between a Patent Applicant and a Patent Assignee

In the area of intellectual property, specifically patents, it is essential to recognise the patent applicant and the patent assignee as two distinct entities. Although these terms are sometimes used interchangeably in the non-technical world, they refer to different roles with distinct statuses and obligations.

People Also Read: What is a Patent Licensing Agreement?

Who is a Patent Applicant?

A patent applicant is an individual or corporate entity that presents an application for a patent to a patent office, such as the USPTO. The applicant is usually the inventor or inventors who developed the invention. If the invention was made in the course of employment, the employer would file the application if there is an agreement or assignment in place.

People Also Read: What are the Key Features of the Patent (Amendment) Rules 2016

Key Responsibilities of a Patent Applicant:

1. Filing the Application: The applicant is responsible for preparing and submitting the patent application, which includes detailed descriptions of the invention, claims defining the scope of the patent protection sought, and any required drawings.
2. Responding to Office Actions: The applicant must respond to any objections or rejections from the patent office during the examination process. This may involve amending claims, providing additional information, or arguing against the examiner’s objections.
3. Prosecuting the Patent: The applicant must actively pursue the patent until it is granted, addressing any legal or procedural issues that arise during the examination process.

People Also Read: Key Differences Between Patent Application & Patent Registration

Who is a Patent Assignee?

A patent assignee is the person or entity to whom the patent rights have been transferred. The assignee is not necessarily the inventor but can be any individual or organization, such as a company, that holds the patent’s ownership rights. This transfer of rights occurs through an assignment agreement, which must be recorded with the patent office to be legally effective.

Key Responsibilities of a Patent Assignee:

1. Owning the Patent Rights: The assignee holds the exclusive rights to make, use, sell, or license the patented invention. They have the authority to enforce the patent against potential infringers.
2. Managing Patent Maintenance: The assignee is responsible for paying maintenance fees to keep the patent in force. Failure to pay these fees can result in the patent expiring before its maximum term.
3. Commercialising the Invention: The assignee can exploit the patent for commercial gain, either by manufacturing and selling the product themselves or by licensing the rights to others.

People Also Read: Divisional Patent Applications in India

Key Differences Between a Patent Applicant and a Patent Assignee

Conclusion 

A patent applicant and a patent assignee represent two different concepts within the patent process. The applicant invests time and effort into obtaining the patent, while the assignee controls the development of the invention’s commercial value.

Understanding these distinctions allows inventors and business entities to make informed decisions about protecting their inventions and maximising their value.

FAQs: Understanding the Differences Between Patent Applicant and Patent  Assignee 

Q1. What is a patent applicant? 

Ans1. A patent applicant is the individual or entity that files a patent application, seeking to obtain a patent for an invention. 

Q2. Who can be a patent applicant? 

Ans2. A patent applicant is typically the inventor or a group of inventors who conceived and developed the invention. 

Q3. What is a patent assignee? 

Ans3. A patent assignee is the individual or entity to whom the ownership rights of a patent or patent application are transferred. 

Q4. How does a patent assignment work? 

Ans4. A patent assignment involves the transfer of ownership rights from the patent applicant (assignor) to another party (assignee), documented through a legal agreement. 

Q5. When can a patent assignment occur? 

Ans5. A patent assignment can occur at any point during the life of a patent or patent application, including after the patent is granted. 

Q6. What responsibilities does a patent applicant have? 

Ans6. A patent applicant is responsible for drafting, filing, and prosecuting the patent application, and responding to any rejections or objections from the patent office. 

Q7. What rights does a patent assignee gain? 

Ans7. A patent assignee gains all ownership rights previously held by the patent applicant,  including the right to use, license, or sell the invention. 

Q8. Why is understanding the difference between a patent applicant and a patent assignee important?

Ans8. Understanding the difference is crucial for effective intellectual property management, ensuring proper protection, commercialisation, and strategic business decisions regarding inventions. 

Q9. Can the roles of patent applicant and patent assignee change over time? 

Ans9. Yes, the roles can change over time through multiple assignments or transfers of the patent rights. 

Q10. How do patent assignments impact the commercialisation of an invention? 

Ans10. Patent assignments can facilitate the commercialisation of an invention by transferring ownership to entities better equipped to develop, market, and distribute the innovation.