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Who can file a patent application under 35 U.S.C. 118?

By russ.krajec@blueironip.com | September 9, 2024

According to 35 U.S.C. 118, the following parties can file a patent application: A person to whom the inventor has assigned the invention A person to whom the inventor is under an obligation to assign the invention A person who shows sufficient proprietary interest in the matter, acting as an agent for the inventor The…

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When should documentary evidence of ownership be recorded for assignee applicants?

By russ.krajec@blueironip.com | September 9, 2024

For assignee applicants or persons to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership should be recorded as follows: As provided for in part 3 of Chapter 37 CFR No later than the date the issue fee is paid in the application According to 37 CFR 1.46(b)(1): If…

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What must an applicant with sufficient proprietary interest submit with their patent application?

By russ.krajec@blueironip.com | September 9, 2024

An applicant who shows sufficient proprietary interest in the matter must submit a petition with their patent application, including: The fee set forth in ยง 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…

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