What if an inventor lacks firsthand knowledge of whether the invention involved work under contract with the Atomic Energy Commission or NASA?
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…
Read MoreWhat is the proper format for the Atomic Energy Act and NASA Act statements?
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…
Read MoreWho can sign the statement required by the Atomic Energy Act or NASA Act regarding the conception and making of an invention?
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…
Read MoreWhat are the options when an inventor is deceased, incapacitated, or unavailable?
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…
Read MoreHow should an applicant handle information derived from others in their statement?
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…
Read MoreWhat should be done if inventorship changes after filing a property rights statement?
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…
Read MoreWho is considered an ‘applicant’ for Atomic Energy Act and NASA Act statements?
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…
Read MoreWhat are the requirements for statements under the Atomic Energy Act and NASA Act?
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…
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