Patent Law FAQ

According to MPEP 151, the term ‘applicant’ in the context of Atomic Energy Act and NASA Act statements is interpreted as follows:

“The word ‘applicant’ in both of these statutes is construed by the Office to mean the inventor or joint inventors in person, or an assignee, obligated assignee, or a person who otherwise shows sufficient proprietary interest in the matter.”

This means that the statements must typically be signed by the actual inventor(s), assignee, or someone with a significant proprietary interest in the invention. The USPTO considers these individuals to be the most knowledgeable about the circumstances surrounding the invention’s creation.

For more information on applicant definition, visit: applicant definition.

The word “applicant” in the Atomic Energy Act and NASA Act is construed by the USPTO to mean the inventor(s), an assignee, obligated assignee, or a person who otherwise shows sufficient proprietary interest in the matter. In the ordinary situation, the statements must be signed by:

• The inventor or joint inventors
• An assignee
• An obligated assignee
• A person who otherwise shows sufficient proprietary interest in the matter

This is consistent with the fact that these parties would be most knowledgeable of the “full facts concerning the circumstances under which such invention was made” (42 U.S.C. 2457) or “full facts surrounding the making or conception of the invention or discovery” (42 U.S.C. 2182).

If inventorship changes after filing a property rights statement, MPEP 151 provides specific guidance:

“If a request under 37 CFR 1.48 for correction of inventorship is granted during pendency of an application in which a property rights statement has been filed, a supplemental statement executed by any added inventor(s) is required and should promptly be filed with Licensing and Review.”

This means that if new inventors are added to the application, they must file a supplemental statement to ensure compliance with the Atomic Energy Act and NASA Act requirements. It’s important to file this supplemental statement promptly to maintain proper documentation.

For more information on patent procedure, visit: patent procedure.

For more information on property rights statement, visit: property rights statement.

The statement regarding work with the Atomic Energy Commission or NASA should be in the form of an oath or declaration. The following is an acceptable format, assuming no government funds or considerations were involved in the invention’s conception or making:

I (We) [Name(s)] citizens of [Country] residing at [Address] declare: That I (we) made and conceived the invention described and claimed in patent application number [Application Number] filed in the United States of America on [Date] titled [Title].

[Include statement regarding employment and/or relevant facts.]

The invention or discovery was not made or conceived in the course of, or in connection with, or under the terms of any contract, subcontract or arrangement entered into with or for the benefit of the United States Atomic Energy Commission or its successors Energy Research and Development Administration or the Department of Energy.

The invention was not made under nor is there any relationship of the invention to the performance of any work under any contract of the National Aeronautics and Space Administration.

The statement must be signed by all the inventors.

If an applicant does not have firsthand knowledge of whether the invention involved work under any contract or arrangement with the Atomic Energy Commission or NASA, but includes such information derived from others:

• The applicant’s statement should identify the source of this information, or
• The applicant’s statement could be accompanied by a supplemental declaration or oath regarding the contractual matters, made by the assignee or another person (like an employee) who has the requisite knowledge

Statements under the Atomic Energy Act and NASA Act must set forth “the full facts” surrounding the conception and making of the invention. According to MPEP 151, these facts should be unique to that invention. The MPEP states:

“The use of form paragraphs or printed forms which set forth only broad generalized statements of fact is not ordinarily regarded as meeting the requirements of these statutes.”

This means that inventors must provide detailed, specific information about their invention’s conception and development.

For more information on invention disclosure, visit: invention disclosure.

When an inventor is unable to provide a statement due to death, incapacitation, or unavailability, MPEP 151 offers alternative solutions:

“When an inventor applicant is deceased or legally incapacitated, or where it is shown to the satisfaction of this Office that he or she refuses to furnish a statement or cannot be reached after diligent efforts, declarations or statements under oath setting forth the information required by the statutes may be accepted from an officer or employee of the assignee who has sufficient knowledge of the facts.”

Additionally, for joint inventions, “Where it is shown that one of the joint inventors is deceased or unavailable, a statement by all of the other inventor(s) may be accepted.” It’s important to note that these alternatives should only be used when the inventor is truly unavailable, not merely for convenience.

For more information on patent procedure, visit: patent procedure.

When an applicant doesn’t have firsthand knowledge about certain aspects of the invention’s relationship to government contracts, MPEP 151 provides guidance:

“In instances where an applicant does not have firsthand knowledge whether the invention involved work under any contract, subcontract, or arrangement with or for the benefit of the Atomic Energy Commission, or had any relationship to any work under any contract of the National Aeronautics and Space Administration, and includes in his or her statement information of this nature derived from others, his or her statement should identify the source of his or her information.”

Alternatively, the MPEP suggests that “the statement by the applicant could be accompanied by a supplemental declaration or oath, as to the contractual matters, by the assignee or other person, e.g., an employee thereof, who has the requisite knowledge.” This ensures transparency and accuracy in the statement.

According to MPEP 151, the term ‘applicant’ in the context of Atomic Energy Act and NASA Act statements is interpreted as follows:

“The word ‘applicant’ in both of these statutes is construed by the Office to mean the inventor or joint inventors in person, or an assignee, obligated assignee, or a person who otherwise shows sufficient proprietary interest in the matter.”

This means that the statements must typically be signed by the actual inventor(s), assignee, or someone with a significant proprietary interest in the invention. The USPTO considers these individuals to be the most knowledgeable about the circumstances surrounding the invention’s creation.

For more information on applicant definition, visit: applicant definition.

The word “applicant” in the Atomic Energy Act and NASA Act is construed by the USPTO to mean the inventor(s), an assignee, obligated assignee, or a person who otherwise shows sufficient proprietary interest in the matter. In the ordinary situation, the statements must be signed by:

• The inventor or joint inventors
• An assignee
• An obligated assignee
• A person who otherwise shows sufficient proprietary interest in the matter

This is consistent with the fact that these parties would be most knowledgeable of the “full facts concerning the circumstances under which such invention was made” (42 U.S.C. 2457) or “full facts surrounding the making or conception of the invention or discovery” (42 U.S.C. 2182).

If inventorship changes after filing a property rights statement, MPEP 151 provides specific guidance:

“If a request under 37 CFR 1.48 for correction of inventorship is granted during pendency of an application in which a property rights statement has been filed, a supplemental statement executed by any added inventor(s) is required and should promptly be filed with Licensing and Review.”

This means that if new inventors are added to the application, they must file a supplemental statement to ensure compliance with the Atomic Energy Act and NASA Act requirements. It’s important to file this supplemental statement promptly to maintain proper documentation.

For more information on patent procedure, visit: patent procedure.

For more information on property rights statement, visit: property rights statement.

The statement regarding work with the Atomic Energy Commission or NASA should be in the form of an oath or declaration. The following is an acceptable format, assuming no government funds or considerations were involved in the invention’s conception or making:

I (We) [Name(s)] citizens of [Country] residing at [Address] declare: That I (we) made and conceived the invention described and claimed in patent application number [Application Number] filed in the United States of America on [Date] titled [Title].

[Include statement regarding employment and/or relevant facts.]

The invention or discovery was not made or conceived in the course of, or in connection with, or under the terms of any contract, subcontract or arrangement entered into with or for the benefit of the United States Atomic Energy Commission or its successors Energy Research and Development Administration or the Department of Energy.

The invention was not made under nor is there any relationship of the invention to the performance of any work under any contract of the National Aeronautics and Space Administration.

The statement must be signed by all the inventors.

If an applicant does not have firsthand knowledge of whether the invention involved work under any contract or arrangement with the Atomic Energy Commission or NASA, but includes such information derived from others:

• The applicant’s statement should identify the source of this information, or
• The applicant’s statement could be accompanied by a supplemental declaration or oath regarding the contractual matters, made by the assignee or another person (like an employee) who has the requisite knowledge

Statements under the Atomic Energy Act and NASA Act must set forth “the full facts” surrounding the conception and making of the invention. According to MPEP 151, these facts should be unique to that invention. The MPEP states:

“The use of form paragraphs or printed forms which set forth only broad generalized statements of fact is not ordinarily regarded as meeting the requirements of these statutes.”

This means that inventors must provide detailed, specific information about their invention’s conception and development.

For more information on invention disclosure, visit: invention disclosure.

When an inventor is unable to provide a statement due to death, incapacitation, or unavailability, MPEP 151 offers alternative solutions:

“When an inventor applicant is deceased or legally incapacitated, or where it is shown to the satisfaction of this Office that he or she refuses to furnish a statement or cannot be reached after diligent efforts, declarations or statements under oath setting forth the information required by the statutes may be accepted from an officer or employee of the assignee who has sufficient knowledge of the facts.”

Additionally, for joint inventions, “Where it is shown that one of the joint inventors is deceased or unavailable, a statement by all of the other inventor(s) may be accepted.” It’s important to note that these alternatives should only be used when the inventor is truly unavailable, not merely for convenience.

For more information on patent procedure, visit: patent procedure.

When an applicant doesn’t have firsthand knowledge about certain aspects of the invention’s relationship to government contracts, MPEP 151 provides guidance:

“In instances where an applicant does not have firsthand knowledge whether the invention involved work under any contract, subcontract, or arrangement with or for the benefit of the Atomic Energy Commission, or had any relationship to any work under any contract of the National Aeronautics and Space Administration, and includes in his or her statement information of this nature derived from others, his or her statement should identify the source of his or her information.”

Alternatively, the MPEP suggests that “the statement by the applicant could be accompanied by a supplemental declaration or oath, as to the contractual matters, by the assignee or other person, e.g., an employee thereof, who has the requisite knowledge.” This ensures transparency and accuracy in the statement.

According to MPEP 151, the term ‘applicant’ in the context of Atomic Energy Act and NASA Act statements is interpreted as follows:

“The word ‘applicant’ in both of these statutes is construed by the Office to mean the inventor or joint inventors in person, or an assignee, obligated assignee, or a person who otherwise shows sufficient proprietary interest in the matter.”

This means that the statements must typically be signed by the actual inventor(s), assignee, or someone with a significant proprietary interest in the invention. The USPTO considers these individuals to be the most knowledgeable about the circumstances surrounding the invention’s creation.

For more information on applicant definition, visit: applicant definition.

If inventorship changes after filing a property rights statement, MPEP 151 provides specific guidance:

“If a request under 37 CFR 1.48 for correction of inventorship is granted during pendency of an application in which a property rights statement has been filed, a supplemental statement executed by any added inventor(s) is required and should promptly be filed with Licensing and Review.”

This means that if new inventors are added to the application, they must file a supplemental statement to ensure compliance with the Atomic Energy Act and NASA Act requirements. It’s important to file this supplemental statement promptly to maintain proper documentation.

For more information on patent procedure, visit: patent procedure.

For more information on property rights statement, visit: property rights statement.

Statements under the Atomic Energy Act and NASA Act must set forth “the full facts” surrounding the conception and making of the invention. According to MPEP 151, these facts should be unique to that invention. The MPEP states:

“The use of form paragraphs or printed forms which set forth only broad generalized statements of fact is not ordinarily regarded as meeting the requirements of these statutes.”

This means that inventors must provide detailed, specific information about their invention’s conception and development.

For more information on invention disclosure, visit: invention disclosure.

When an inventor is unable to provide a statement due to death, incapacitation, or unavailability, MPEP 151 offers alternative solutions:

“When an inventor applicant is deceased or legally incapacitated, or where it is shown to the satisfaction of this Office that he or she refuses to furnish a statement or cannot be reached after diligent efforts, declarations or statements under oath setting forth the information required by the statutes may be accepted from an officer or employee of the assignee who has sufficient knowledge of the facts.”

Additionally, for joint inventions, “Where it is shown that one of the joint inventors is deceased or unavailable, a statement by all of the other inventor(s) may be accepted.” It’s important to note that these alternatives should only be used when the inventor is truly unavailable, not merely for convenience.

For more information on patent procedure, visit: patent procedure.

When an applicant doesn’t have firsthand knowledge about certain aspects of the invention’s relationship to government contracts, MPEP 151 provides guidance:

“In instances where an applicant does not have firsthand knowledge whether the invention involved work under any contract, subcontract, or arrangement with or for the benefit of the Atomic Energy Commission, or had any relationship to any work under any contract of the National Aeronautics and Space Administration, and includes in his or her statement information of this nature derived from others, his or her statement should identify the source of his or her information.”

Alternatively, the MPEP suggests that “the statement by the applicant could be accompanied by a supplemental declaration or oath, as to the contractual matters, by the assignee or other person, e.g., an employee thereof, who has the requisite knowledge.” This ensures transparency and accuracy in the statement.