410 Who May File the Application: At a Glance
The following chart is intended to assist potential applicants in determining who may file an application and who may be named as a claimant:
Who owns the rights? | Who may be named as claimant? | Who may file the application? |
The author of the work owns all of the rights | The author | The author or
An authorized agent of the author |
The author of the work owns some – but not all – of the rights | The author | The author
or |
An owner of one or more of the exclusive rights | ||
or | ||
An authorized agent of one or more of the aforementioned parties | ||
The author of the work owns none of the rights | The author
and/or |
The author
or |
The transferee who owns
all of the rights |
The transferee who owns all of the rights | |
or | ||
An owner of one or more – but not all–
of the exclusive rights |
||
or | ||
An authorized agent of one or more of the aforementioned parties | ||
A transferee owns all of the rights | The author
and/or |
The author
or |
The transferee who owns
all of the rights |
The transferee who owns all of the rights | |
or | ||
An authorized agent of one or more of the aforementioned parties |
Who owns the rights? | Who may be named as claimant? | Who may file the application? |
A transferee owns some –
but not all – of the rights |
The author | The author
or |
An owner of one or more of the exclusive rights | ||
or | ||
An authorized agent of one or more of the aforementioned parties | ||
An exclusive licensee owns
all of the rights |
The author
and/or |
The author
or |
The exclusive licensee who owns all of the rights | The exclusive licensee who owns all of the rights | |
or | ||
An authorized agent of one or more of the aforementioned parties | ||
An exclusive licensee owns some – but not all – of the rights | The author | The author
or |
An owner of one or more of the exclusive rights | ||
or | ||
An authorized agent of one or more of the aforementioned parties |