Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
Ownership must be established under pre-AIA 37 CFR 3.73(b) when the assignee:
- Signs a request for status of an application
- Gives a power to inspect an application
- Appoints its own registered attorney or agent to prosecute an application
- Signs a disclaimer under 37 CFR 1.321
- Consents to the filing of a reissue application
- Consents to the correction of inventorship in a patent
- Signs a Fee(s) Transmittal (PTOL-85B)
The MPEP states: “Examples of situations where ownership must be established under pre-AIA 37 CFR 3.73(b) are when the assignee: signs a request for status of an application or gives a power to inspect an application (MPEP §§ 102 and 104); appoints its own registered attorney or agent to prosecute an application (pre-AIA 37 CFR 3.71 and MPEP § 402.07); signs a disclaimer under 37 CFR 1.321 (MPEP § 1490); consents to the filing of a reissue application (MPEP § 1410.01); consents to the correction of inventorship in a patent (MPEP § 1481); or signs a Fee(s) Transmittal (PTOL-85B) (MPEP § 1306).”
Note that effective September 16, 2012, a juristic entity (e.g., organizational assignee) must be represented by a patent practitioner.