
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 35USC118]

 
                            TITLE 35--PATENTS
 
        PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
 
                   CHAPTER 11--APPLICATION FOR PATENT
 
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.

(July 19, 1952, ch. 950, 66 Stat. 799; Pub. L. 106-113, div. B, 
Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113 
Stat. 1536, 1501A-582.)


                      Historical and Revision Notes

    This section is new and provides for the filing of an application by 
another on behalf of the inventor in certain special hardship 
situations.


                               Amendments

    1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner'' 
in two places.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, 
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out 
as a note under section 1 of this title.
