Who can sign the 37 CFR 3.73(c) statement establishing assignee ownership?
According to the MPEP, the 37 CFR 3.73(c) statement establishing assignee ownership can be signed by: A person in the organization having apparent authority to sign on behalf of the organization (e.g., an officer) Any person, if the statement sets forth that the person is authorized to act on behalf of the assignee A patent…
Read MoreWho can take action as an assignee in a patent application filed on or after September 16, 2012?
According to 37 CFR 3.71(b), the assignees who may conduct prosecution of a patent application as the applicant are: A single assignee who is the assignee of the entire right, title and interest in the application or patent, or All partial assignees, or all partial assignees and inventors who have not assigned their rights, who…
Read MoreWhat is the process for issuing a patent to a non-applicant assignee?
The process for issuing a patent to a non-applicant assignee involves the following steps: A request for issuance to the assignee must be submitted with the payment of the issue fee. The assignment must have been previously recorded in the USPTO or filed for recordation. If the request is submitted after the issue fee payment,…
Read MoreWho can file a patent application under 35 U.S.C. 118?
According to 35 U.S.C. 118, the following parties can file a patent application: A person to whom the inventor has assigned the invention A person to whom the inventor is under an obligation to assign the invention A person who shows sufficient proprietary interest in the matter, acting as an agent for the inventor The…
Read MoreWhen should documentary evidence of ownership be recorded for assignee applicants?
For assignee applicants or persons to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership should be recorded as follows: As provided for in part 3 of Chapter 37 CFR No later than the date the issue fee is paid in the application According to 37 CFR 1.46(b)(1): If…
Read MoreWho can file a patent application as the applicant?
For applications filed on or after September 16, 2012, the following parties may file a patent application as the applicant: The inventor(s) An assignee to whom the inventor has assigned the invention An obligated assignee to whom the inventor is under an obligation to assign the invention A person who otherwise shows sufficient proprietary interest…
Read MoreWho can appoint a power of attorney in a patent application?
For applications filed on or after September 16, 2012, a power of attorney must be signed by the applicant for patent (i.e., all parties identified as the applicant as defined by 37 CFR 1.42(a)) or the patent owner. For applications filed before September 16, 2012, a power of attorney can be signed by the applicant…
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