Who can file for a patent? With the exception of officers and employees of the USPTO, anyone who invents or discovers something that qualifies for a patent may file for one. To obtain a patent, one's invention or discovery must be "new and useful."

According to US law, only the inventor of an item can file a patent application for it. If you want to protect your invention from thieves, you need to file a patent application with the United States Patent and Trademark Office.

Who may apply for a patent? You (the inventor) or your legal representative may apply for a patent, with some exceptions. These include if the inventor has died, is legally incapacitated, refuses to apply, or cannot be found. Two or more people inventing something together may apply for a patent as joint inventors.

A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.

Section 6 of the Act provides for the persons entitled to make an application for a patent. Any person who is the first and true inventor of an invention can apply for a patent in regards to that invention in the patent office.