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Person [Patents]: A Comprehensive Guide to Legal Definitions
Definition & Meaning
The term "person" in the context of patents refers to any individual or entity involved in the invention process. This includes inventors and others who hold rights to an invention, such as those who have received rights through transfer. According to U.S. patent law, a person can qualify for small entity status if they have not assigned their rights to others or are obligated to do so, provided that all parties involved also meet the criteria for small entity status. Additionally, the term encompasses a broad range of entities including corporations, partnerships, and organizations.
Table of content
Legal Use & context
The term "person" is used extensively in patent law to determine who can apply for patents, hold rights to inventions, and qualify for various legal statuses, such as small entity status. It is relevant in areas such as intellectual property law and contract law. Users may encounter this term when filing patent applications or determining their rights regarding inventions. Legal forms related to patent applications are available through resources like US Legal Forms, which can help users navigate the process.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An inventor who creates a new device can apply for a patent as an individual person. If they later transfer some rights to a small business that also qualifies as a small entity, both parties can maintain their rights under patent law.
Example 2: A partnership that develops a software application can file for a patent as a legal person, provided all partners qualify for small entity status. (hypothetical example)
Relevant laws & statutes
Key statutes that define "person" in the context of patents include:
37 CFR 1.27: Defines the term "person" in relation to patent applications.
37 CFR 102.22: Expands the definition to include various types of organizations and entities.
Comparison with related terms
Term
Definition
Key Difference
Individual
A single human being.
Refers specifically to a natural person, while "person" can include organizations.
Entity
A legal organization such as a corporation or partnership.
"Person" encompasses both individuals and entities, while "entity" refers only to organizations.
Common misunderstandings
What to do if this term applies to you
If you believe you qualify as a "person" under patent law, consider the following steps:
Determine your rights regarding the invention and whether you have assigned any rights.
Explore US Legal Forms for templates related to patent applications and rights transfer.
If your situation is complex, consult a legal professional for tailored advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.