The Inventor/Applicant

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The Applicant

The person or persons applying for the issuance of a patent is the "Applicant". You cannot be an Applicant for a patent unless you are the inventor, or have obtained title to the invention from the inventor (Patent Act s. 27). The definition of "Applicant" includes an inventor and the legal representatives of an applicant or inventor" (Patent Act s. 2).

Ironically, the term "inventor" is not defined in the Patent Act.

"Legal representatives", as defined in s. 2 of the Patent Act, includes:

"heirs, executors, administrators, guardians, curators, tutors, assigns and all other persons claiming through or under applicants...".

The patent will be granted to the inventor, or to the assignee or testator of the inventor (Patent Act s.49).

In the United States, only the inventors can apply for a patent.

Depending on the facts, the Applicant may be:

the Inventor

Joint Inventors

the company who employed the inventor