What happens if there’s an error in the patent grant?
What happens if there’s an error in the patent grant? Errors in patent grants are addressed through a specific process outlined in MPEP 308. The manual states: “If the Office discovers that an error exists in the patent grant, the patentee will be notified and required to submit a request for a certificate of correction.”…
Read MoreWhat happens if a patent is issued to the wrong applicant?
If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308: ‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s)…
Read MoreCan a patent be issued to a deceased inventor?
Yes, a patent can be issued to a deceased inventor. The MPEP 308 states: ‘A patent may be issued to the legal representative (executor, administrator, etc.) of a deceased inventor.’ In such cases, the patent is issued to the legal representative acting on behalf of the deceased inventor’s estate. This ensures that the inventor’s rights…
Read MoreWhere can I find additional information on USPTO employee restrictions?
For additional information on restrictions applicable to USPTO employees, you can refer to MPEP § 1701. The MPEP section on restrictions upon employees of the U.S. Patent and Trademark Office states: See MPEP § 1701 for additional restrictions on Office employees. MPEP § 1701 provides more detailed guidance on various ethical considerations and restrictions for…
Read MoreHow are patents issued to joint inventors?
When multiple inventors collaborate on an invention, the patent can be issued to them jointly. The MPEP 308 provides guidance on this: ‘If more than one inventor is named in the application, the patent will issue to the inventors jointly.’ This means that all named inventors share ownership of the patent equally, unless they have…
Read MoreWhat statement must be included in patent applications for inventions made with government support?
For inventions made with government support, contractors must include a specific statement at the beginning of the patent application and any resulting patents. This requirement is mandated by 35 U.S.C. 202(c)(6). The statement should read: “This invention was made with government support under (identify the contract) awarded by (identify the Federal agency). The government has…
Read MoreWhat are the consequences of not including the Government License Rights statement in a patent application?
Failing to include the Government License Rights statement in a patent application can have serious consequences. While the MPEP 310 does not explicitly state the penalties, the requirement is mandated by law under 35 U.S.C. 202(c)(6). Potential consequences may include: Non-compliance with federal regulations Risk of the patent being unenforceable Potential loss of rights or…
Read MoreHow does the Government License Rights statement affect patent ownership?
The Government License Rights statement, as required by 35 U.S.C. 202(c)(6) and described in MPEP 310, does not transfer ownership of the patent to the government. Instead, it acknowledges that: “The government has certain rights in the invention.” These rights typically include: A non-exclusive, non-transferable, irrevocable, paid-up license to practice or have practiced the invention…
Read MoreWhat is a ‘subject invention’ in the context of government-funded research?
What is a ‘subject invention’ in the context of government-funded research? A ‘subject invention’ is a term used in government contracts and refers to any invention conceived or first actually reduced to practice in the performance of work under a government contract. According to MPEP 310, ‘The term ‘subject invention’ is defined by 35 U.S.C.…
Read MoreHow does the Bayh-Dole Act affect government rights in federally funded inventions?
The Bayh-Dole Act, as implemented in 37 CFR Part 401, significantly affects government rights in federally funded inventions: It allows contractors (including small businesses and nonprofit organizations) to retain title to inventions made under federally funded research and development contracts. The government receives a nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention. The Act…
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