Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

Here’s the complete FAQ:

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MPEP 300 - Ownership and Assignment (2)

For an assignee organization (e.g., corporation, partnership, university), the submission establishing ownership can be signed by:

  1. A person with apparent authority to sign on behalf of the organization, such as an officer (e.g., CEO, president, vice-president, secretary, treasurer). The MPEP states: “An officer (chief executive officer, president, vice-president, secretary, or treasurer) is presumed to have authority to sign on behalf of the organization.”
  2. Any person, if the submission states that the person is authorized to act on behalf of the assignee.
  3. A person empowered by an organizational resolution, if a copy of the resolution is submitted.

If the signer does not fall into one of these categories, evidence of their authority to sign may be required. This is outlined in MPEP 324, section V.

When an assignee is an organization (e.g., corporation, partnership, university), specific individuals are authorized to sign documents on its behalf. According to MPEP 325, the following persons can sign submissions under 37 CFR 3.73(c):

  1. A person with apparent authority to sign on behalf of the organization. This typically includes officers such as the CEO, president, vice-president, secretary, or treasurer.
  2. Any person, if the submission clearly indicates that the person is authorized to act on behalf of the assignee.
  3. A patent practitioner of record.
  4. A person empowered by an organizational resolution, if a copy of the resolution is submitted.

The MPEP states: “An officer (chief executive officer, president, vice-president, secretary, or treasurer) is presumed to have authority to sign on behalf of the organization. The signature of the chairman of the board of directors is acceptable, but not the signature of an individual director.”

It’s important to note that for juristic entities, many actions in patent matters must be signed by a registered patent practitioner after September 16, 2012.

For more information on corporate officers, visit: corporate officers.

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

MPEP 400 - Representative of Applicant or Owner (1)

Yes, a corporation can file a patent application under pre-AIA 37 CFR 1.47(b). The MPEP explicitly states that “Where a corporation is the pre-AIA 37 CFR 1.47(b) applicant, an officer (President, Vice-President, Secretary, Treasurer, or Chief Executive Officer) thereof should normally sign the necessary oath or declaration.”

Additionally, “A corporation may authorize any person, including an attorney or agent registered to practice before the U.S. Patent and Trademark Office, to sign the application oath or declaration on its behalf.” However, proper authorization or proof of authority may be required in such cases.

To learn more:

Patent Law (3)

For an assignee organization (e.g., corporation, partnership, university), the submission establishing ownership can be signed by:

  1. A person with apparent authority to sign on behalf of the organization, such as an officer (e.g., CEO, president, vice-president, secretary, treasurer). The MPEP states: “An officer (chief executive officer, president, vice-president, secretary, or treasurer) is presumed to have authority to sign on behalf of the organization.”
  2. Any person, if the submission states that the person is authorized to act on behalf of the assignee.
  3. A person empowered by an organizational resolution, if a copy of the resolution is submitted.

If the signer does not fall into one of these categories, evidence of their authority to sign may be required. This is outlined in MPEP 324, section V.

When an assignee is an organization (e.g., corporation, partnership, university), specific individuals are authorized to sign documents on its behalf. According to MPEP 325, the following persons can sign submissions under 37 CFR 3.73(c):

  1. A person with apparent authority to sign on behalf of the organization. This typically includes officers such as the CEO, president, vice-president, secretary, or treasurer.
  2. Any person, if the submission clearly indicates that the person is authorized to act on behalf of the assignee.
  3. A patent practitioner of record.
  4. A person empowered by an organizational resolution, if a copy of the resolution is submitted.

The MPEP states: “An officer (chief executive officer, president, vice-president, secretary, or treasurer) is presumed to have authority to sign on behalf of the organization. The signature of the chairman of the board of directors is acceptable, but not the signature of an individual director.”

It’s important to note that for juristic entities, many actions in patent matters must be signed by a registered patent practitioner after September 16, 2012.

For more information on corporate officers, visit: corporate officers.

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

Yes, a corporation can file a patent application under pre-AIA 37 CFR 1.47(b). The MPEP explicitly states that “Where a corporation is the pre-AIA 37 CFR 1.47(b) applicant, an officer (President, Vice-President, Secretary, Treasurer, or Chief Executive Officer) thereof should normally sign the necessary oath or declaration.”

Additionally, “A corporation may authorize any person, including an attorney or agent registered to practice before the U.S. Patent and Trademark Office, to sign the application oath or declaration on its behalf.” However, proper authorization or proof of authority may be required in such cases.

To learn more:

Patent Procedure (3)

For an assignee organization (e.g., corporation, partnership, university), the submission establishing ownership can be signed by:

  1. A person with apparent authority to sign on behalf of the organization, such as an officer (e.g., CEO, president, vice-president, secretary, treasurer). The MPEP states: “An officer (chief executive officer, president, vice-president, secretary, or treasurer) is presumed to have authority to sign on behalf of the organization.”
  2. Any person, if the submission states that the person is authorized to act on behalf of the assignee.
  3. A person empowered by an organizational resolution, if a copy of the resolution is submitted.

If the signer does not fall into one of these categories, evidence of their authority to sign may be required. This is outlined in MPEP 324, section V.

When an assignee is an organization (e.g., corporation, partnership, university), specific individuals are authorized to sign documents on its behalf. According to MPEP 325, the following persons can sign submissions under 37 CFR 3.73(c):

  1. A person with apparent authority to sign on behalf of the organization. This typically includes officers such as the CEO, president, vice-president, secretary, or treasurer.
  2. Any person, if the submission clearly indicates that the person is authorized to act on behalf of the assignee.
  3. A patent practitioner of record.
  4. A person empowered by an organizational resolution, if a copy of the resolution is submitted.

The MPEP states: “An officer (chief executive officer, president, vice-president, secretary, or treasurer) is presumed to have authority to sign on behalf of the organization. The signature of the chairman of the board of directors is acceptable, but not the signature of an individual director.”

It’s important to note that for juristic entities, many actions in patent matters must be signed by a registered patent practitioner after September 16, 2012.

For more information on corporate officers, visit: corporate officers.

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

Yes, a corporation can file a patent application under pre-AIA 37 CFR 1.47(b). The MPEP explicitly states that “Where a corporation is the pre-AIA 37 CFR 1.47(b) applicant, an officer (President, Vice-President, Secretary, Treasurer, or Chief Executive Officer) thereof should normally sign the necessary oath or declaration.”

Additionally, “A corporation may authorize any person, including an attorney or agent registered to practice before the U.S. Patent and Trademark Office, to sign the application oath or declaration on its behalf.” However, proper authorization or proof of authority may be required in such cases.

To learn more: