Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2500 – Maintenance Fees (1)
The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590:
For applications filed on or after September 16, 2012:
According to 37 CFR 1.33(b), the petition must be signed by:
- A patent practitioner of record
- A patent practitioner not of record who acts in a representative capacity under 37 CFR 1.34
- The applicant (37 CFR 1.42)
For juristic entities, the petition must be signed by a patent practitioner unless otherwise specified.
For applications filed before September 16, 2012:
Pre-AIA 37 CFR 1.33(b) allows the petition to be signed by:
- A patent practitioner of record
- A patent practitioner not of record acting in a representative capacity
- An assignee as provided for under pre-AIA 37 CFR 3.71(b)
- All of the applicants (pre-AIA 37 CFR 1.41(b))
It’s crucial to ensure the correct person signs the petition to avoid potential delays or rejections.
To learn more:
MPEP 2590 – Acceptance Of Delayed Payment Of Maintenance Fee In Expired Patent To Reinstate Patent (1)
The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590:
For applications filed on or after September 16, 2012:
According to 37 CFR 1.33(b), the petition must be signed by:
- A patent practitioner of record
- A patent practitioner not of record who acts in a representative capacity under 37 CFR 1.34
- The applicant (37 CFR 1.42)
For juristic entities, the petition must be signed by a patent practitioner unless otherwise specified.
For applications filed before September 16, 2012:
Pre-AIA 37 CFR 1.33(b) allows the petition to be signed by:
- A patent practitioner of record
- A patent practitioner not of record acting in a representative capacity
- An assignee as provided for under pre-AIA 37 CFR 3.71(b)
- All of the applicants (pre-AIA 37 CFR 1.41(b))
It’s crucial to ensure the correct person signs the petition to avoid potential delays or rejections.
To learn more:
MPEP 400 – Representative of Applicant or Owner (2)
A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:
‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’
The process typically involves:
- An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
- The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
- If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.
It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.
For more information on juristic entity, visit: juristic entity.
For more information on power of attorney, visit: power of attorney.
For more information on USPTO, visit: USPTO.
Yes, a person can sign patent documents on behalf of a juristic entity, but there are specific requirements:
According to MPEP 402.03: ‘Papers submitted on behalf of juristic entities must be signed by a person having authority to sign for the juristic entity.’
This means:
- The signer must have the legal authority to act on behalf of the entity.
- For corporations, this typically includes officers or agents appointed by the board.
- For partnerships, a partner may sign.
- For universities, an authorized official may sign.
It’s crucial to ensure the signer has proper authorization to avoid potential issues with the patent application.
To learn more:
MPEP 402 – Power of Attorney; Naming Representative (1)
A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:
‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’
The process typically involves:
- An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
- The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
- If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.
It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.
For more information on juristic entity, visit: juristic entity.
For more information on power of attorney, visit: power of attorney.
For more information on USPTO, visit: USPTO.
Patent Law (3)
A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:
‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’
The process typically involves:
- An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
- The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
- If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.
It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.
For more information on juristic entity, visit: juristic entity.
For more information on power of attorney, visit: power of attorney.
For more information on USPTO, visit: USPTO.
Yes, a person can sign patent documents on behalf of a juristic entity, but there are specific requirements:
According to MPEP 402.03: ‘Papers submitted on behalf of juristic entities must be signed by a person having authority to sign for the juristic entity.’
This means:
- The signer must have the legal authority to act on behalf of the entity.
- For corporations, this typically includes officers or agents appointed by the board.
- For partnerships, a partner may sign.
- For universities, an authorized official may sign.
It’s crucial to ensure the signer has proper authorization to avoid potential issues with the patent application.
To learn more:
The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590:
For applications filed on or after September 16, 2012:
According to 37 CFR 1.33(b), the petition must be signed by:
- A patent practitioner of record
- A patent practitioner not of record who acts in a representative capacity under 37 CFR 1.34
- The applicant (37 CFR 1.42)
For juristic entities, the petition must be signed by a patent practitioner unless otherwise specified.
For applications filed before September 16, 2012:
Pre-AIA 37 CFR 1.33(b) allows the petition to be signed by:
- A patent practitioner of record
- A patent practitioner not of record acting in a representative capacity
- An assignee as provided for under pre-AIA 37 CFR 3.71(b)
- All of the applicants (pre-AIA 37 CFR 1.41(b))
It’s crucial to ensure the correct person signs the petition to avoid potential delays or rejections.
To learn more:
Patent Procedure (3)
A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:
‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’
The process typically involves:
- An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
- The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
- If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.
It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.
For more information on juristic entity, visit: juristic entity.
For more information on power of attorney, visit: power of attorney.
For more information on USPTO, visit: USPTO.
Yes, a person can sign patent documents on behalf of a juristic entity, but there are specific requirements:
According to MPEP 402.03: ‘Papers submitted on behalf of juristic entities must be signed by a person having authority to sign for the juristic entity.’
This means:
- The signer must have the legal authority to act on behalf of the entity.
- For corporations, this typically includes officers or agents appointed by the board.
- For partnerships, a partner may sign.
- For universities, an authorized official may sign.
It’s crucial to ensure the signer has proper authorization to avoid potential issues with the patent application.
To learn more:
The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590:
For applications filed on or after September 16, 2012:
According to 37 CFR 1.33(b), the petition must be signed by:
- A patent practitioner of record
- A patent practitioner not of record who acts in a representative capacity under 37 CFR 1.34
- The applicant (37 CFR 1.42)
For juristic entities, the petition must be signed by a patent practitioner unless otherwise specified.
For applications filed before September 16, 2012:
Pre-AIA 37 CFR 1.33(b) allows the petition to be signed by:
- A patent practitioner of record
- A patent practitioner not of record acting in a representative capacity
- An assignee as provided for under pre-AIA 37 CFR 3.71(b)
- All of the applicants (pre-AIA 37 CFR 1.41(b))
It’s crucial to ensure the correct person signs the petition to avoid potential delays or rejections.
To learn more: