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Patents - 35 USC Section 118

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01/19/04


Sec. 118. Filing by other than inventor


Whenever an inventor refuses to execute an application for
patent, or cannot be found or reached after diligent effort, a
person to whom the inventor has assigned or agreed in writing to
assign the invention or who otherwise shows sufficient proprietary
interest in the matter justifying such action, may make application
for patent on behalf of and as agent for the inventor on proof of
the pertinent facts and a showing that such action is necessary to
preserve the rights of the parties or to prevent irreparable
damage; and the Director may grant a patent to such inventor upon
such notice to him as the Director deems sufficient, and on
compliance with such regulations as he prescribes.

Last modified: April 20, 2006