What must an applicant with sufficient proprietary interest submit with their patent application?
An applicant who shows sufficient proprietary interest in the matter must submit a petition with their patent application, including: The fee set forth in § 1.17(g) A showing that the person has sufficient proprietary interest in the matter A statement that making the application for patent by this person on behalf of and as agent…
Read MoreWhat documents are recordable for name changes or mergers in patent ownership?
According to MPEP 314, the following documents are recordable for name changes or mergers in patent ownership: Certificates issued by appropriate authorities showing a change of name of a business Certificates showing a merger of businesses The MPEP states: Certificates issued by appropriate authorities showing a change of name of a business or a merger…
Read MoreWhat documents can be recorded with the USPTO related to patent assignments?
According to 37 CFR 3.11, the following documents can be recorded with the USPTO related to patent assignments: Assignments of applications, patents, and registrations Other documents relating to interests in patent applications and patents Documents affecting title to applications, patents, or registrations Licenses, assignments, or other interests of the Government in or under patents or…
Read MoreWhat restrictions apply to USPTO employees regarding patents?
USPTO employees are subject to several restrictions regarding patents: They cannot apply for a patent during their employment and for one year after. They cannot acquire any patent or interest in a patent, directly or indirectly, except through inheritance or bequest, during employment and for one year after. For patents applied for after the one-year…
Read MoreWhy does the USPTO record documents other than assignments?
The USPTO records documents other than assignments for several important reasons: Public interest: To provide notification to third parties of equitable interests or other matters relevant to patent ownership. Transparency: To maintain a clear record of various interests in patents and patent applications. Legal compliance: To fulfill the requirements of 35 U.S.C. 261 and 37…
Read MoreWhat is indexing against a recorded certificate?
Indexing against a recorded certificate refers to the process of associating additional patent numbers or application numbers with a document that has already been recorded in the USPTO’s Assignment Division. However, the USPTO does not process such requests for ‘indexing’ or ‘cross-referencing’ unless a new submission is made. According to MPEP 315, The Office does…
Read MoreWhat is the relationship between 35 U.S.C. 119(e) and patent application assignments?
35 U.S.C. 119(e) is crucial in understanding the relationship between provisional applications and their non-provisional counterparts, particularly in terms of assignments. The MPEP § 306.01 states: If an application which claims the benefit of the earlier filing date of a provisional application under 35 U.S.C. 119(e) includes only subject matter which formed a part of…
Read MoreHow can I access patent assignment records online?
Patent assignment records can be accessed online through the USPTO’s Assignment Search database. The MPEP states: Assignment records that affect the title of patents and patent applications are recorded in the USPTO’s Assignment Recordation Branch. To access these records: Visit the USPTO Assignment Search website Enter the relevant patent or application number, assignee name, or…
Read MoreCan I access assignment records for unpublished patent applications?
Access to assignment records for unpublished patent applications is restricted. The MPEP states: “For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing…
Read MoreWhat happens if an assignment document is not a copy when submitted for recording?
What happens if an assignment document is not a copy when submitted for recording? If an assignment document submitted for recording is not a copy, it will not be accepted for recording. The MPEP clearly states: The Assignment Division will not accept an original assignment document because it becomes part of the USPTO permanent records.…
Read More