37 CFR § 1.42 — Applicant for patent. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.42 Applicant for patent.
This page consolidates MPEP guidance interpreting 37 CFR § 1.42, including 101 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
Petitions and matters decided by the Director of International Patent Legal Administration involve submitting petitions under pre-AIA 37 CFR 1.47 or submissions under pre-AIA 37 CFR 1.42 to accept signatures in national stage applications.
What this section covers
- Defines the submission of petitions under pre-AIA 37 CFR 1.47 and submissions under pre-AIA 37 CFR 1.42 for signature acceptance in a national stage application.
Key obligations
- Submit a petition under pre-AIA 37 CFR 1.47 or a submission under pre-AIA 37 CFR 1.42 for signature acceptance in a national stage application.
- Ensure all necessary documentation and fees are included with the petition to avoid delays.
- Adhere to specific requirements and deadlines set forth in 37 CFR.
Practice notes
- Ensure all required documentation is included with the petition to avoid delays.
- Avoid missing the deadline for filing the petition.
Official MPEP § 1.42 — Applicant for patent.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.42 Applicant for patent.
[Editor Note: Applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 *]
- (a) The word “applicant” when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 .
- (b) If a person is applying for a patent as provided in § 1.46 , the word “applicant” refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and not the inventor.
- (c) If fewer than all joint inventors are applying for a patent as provided in § 1.45 , the phrase “the applicant” means the joint inventors who are applying for the patent without the omitted inventor(s).
- (d) Any person having authority may deliver an application and fees to the Office on behalf of the applicant. However, an oath or declaration, or substitute statement in lieu of an oath or declaration, may be executed only in accordance with § 1.63 or 1.64 , a correspondence address may be provided only in accordance with § 1.33(a) , and amendments and other papers must be signed in accordance with § 1.33(b) .
- (e) The Office may require additional information where there is a question concerning ownership or interest in an application, and a showing may be required from the person filing the application that the filing was authorized where such authorization comes into question.
[48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]
[ *The changes effective Sept. 16, 2012 are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012. See § 1.42 (pre‑AIA) for the rule otherwise in effect.]
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