When should documentary evidence of ownership be recorded for a patent application?
According to 37 CFR 1.46(b)(1), documentary evidence of ownership should be recorded as follows: “If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to whom the inventor is under…
Read MoreWhat is the purpose of the Issue Notification in the patent application process?
What is the purpose of the Issue Notification in the patent application process? The Issue Notification serves as an important communication in the patent application process. According to the MPEP 308, “The Issue Notification identifies the issue date of the patent number assigned to the application.” This notification is crucial because it: Informs the applicant…
Read MoreHow does the USPTO handle requests for early delivery of patents?
How does the USPTO handle requests for early delivery of patents? The USPTO has a specific process for handling requests for early delivery of patents. According to MPEP 308: “Ordinarily the patent grant is delivered to the correspondence address of record. However, a patentee may request in writing before the issue date that the patent…
Read MoreWhat 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 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 MoreTo whom is a patent granted when filed by someone other than the inventor?
When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e): 35 U.S.C. 118 states: If the Director grants a patent on an application filed under this section by a…
Read MoreHow should applicants notify the USPTO of changes in the real party in interest?
Applicants other than the inventor must notify the USPTO of any change in the real party in interest as follows: Notification should be made no later than payment of the issue fee Changes can be indicated in Box 3 of the PTOL-85B form If no notification is provided, the USPTO will presume no change has…
Read MoreWhat information must be included in an application filed by someone other than the inventor?
When an application is filed by someone other than the inventor under 35 U.S.C. 111, it must contain specific information as outlined in 37 CFR 1.46(b): An application data sheet under § 1.76 In the applicant information section (§ 1.76(b)(7)), specify: The assignee Person to whom the inventor is under an obligation to assign the…
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