How do I prove an invention has been assigned in a pre-AIA 37 CFR 1.47(b) application?
To prove an invention has been assigned in a pre-AIA 37 CFR 1.47(b) application, you must submit the following:
- A copy of the assignment in English
- A statement under pre-AIA 37 CFR 3.73(b) by the assignee
According to MPEP 409.03(f):
“If the application has been assigned, a copy of the assignment (in the English language) must be submitted. The assignment must clearly indicate that the invention described in the pre-AIA 37 CFR 1.47(b) application was assigned to the pre-AIA 37 CFR 1.47(b) applicant. A statement under pre-AIA 37 CFR 3.73(b) by the assignee must also be submitted (see MPEP ยง 324).”
It’s important to note that the assignment must specifically cover the invention described in the application. General assignments may not be sufficient.
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Topics:
MPEP 400 - Representative of Applicant or Owner
Patent Law
Patent Procedure