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Author Topic: Can a same patent application having different applicant names?  (Read 794 times)

ahwing

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Hi, I've learned that the same patent application (original filing and corresponding filing in a foreign country which claims priority of the original) must have the same applicant names, except for US in which the inventor must be indicated as applicant even though the original applicant is a company name. I would like to ask, is it possible for the same patent application to have different names of applicant in different non-PCT countries? For example, the applicant is John in its US application, but change to Marry in its Pakistan application? (Let say the names John and Marry are both the inventors in the original US applications).
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JimIvey

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I don't know anything about Pakistan patent law.  However, in the US, the applicants would have to include both John and Marry and any other inventors and could not include anyone who was not an inventor.  I believe that jurisdictions in which the owner (a company, for example) can apply for a patent directly must (i) actually be the owner and (ii) name the actual inventors as such.  So, if 2 different companies have acquired rights to file patent application in different countries, I don't see why the different applications couldn't have different applicants.

Regards.
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James D. Ivey
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bartmans

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Yes,

this is possible, e.g. when the application or patent in some of the countries is transferred to another party.
It is even possible that one and the same European patent application (under the EPC) has different applicants for different Contracting States.

Regards,
Bart
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