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Q32. Non-Inventor’s Application

Q32. Non-Inventor’s Application
 Is an application filed by a non-inventor, who has received an invention from a true inventor and filed the application without a succession of a right to obtain a patent for the invention, destined to be refused, like 35 U.S.C. 102(f)?

A32. Theoretically, Yes, filing by a non-inventor brings a reason for rejection, Art.49(vii). However, undue succession of a right to obtain a patent cannot generally be noticed by the Examiner. Then, the non-inventor’s application seems to be granted in many cases. See next question.