How does the USPTO handle applications filed before September 16, 2012?
How does the USPTO handle applications filed before September 16, 2012? Applications filed before September 16, 2012, are subject to different correspondence rules. As stated in MPEP 403.01(a): For applications filed before September 16, 2012, pre-AIA 37 CFR 1.33(a) applies. This means that for these older applications, the correspondence rules and procedures outlined in pre-AIA…
Read MoreHow does the USPTO handle multiple correspondence addresses?
When multiple correspondence addresses are provided, the USPTO has a specific process for selection. According to 37 CFR 1.33(a): “If more than one correspondence address is specified, the Office will select one of the specified addresses for use as the correspondence address and, if given, may select the address associated with a Customer Number over…
Read MoreHow does the USPTO handle patent applications when an inventor is legally incapacitated?
How does the USPTO handle patent applications when an inventor is legally incapacitated? The USPTO has provisions for handling patent applications when an inventor is legally incapacitated. The MPEP 409.03(b) states: “If a person is legally incapacitated, the legal representative (guardian, conservator, etc.) of such inventor may make the necessary oath or declaration, and apply…
Read MoreWhat forms are available for appointing a power of attorney in patent applications filed on or after September 16, 2012?
The USPTO provides several forms for appointing a power of attorney in patent applications filed on or after September 16, 2012. These forms are available on the USPTO website and include: PTO/AIA/80: For use by assignees who are either the named applicant or are becoming the applicant. PTO/AIA/81: For use by joint inventors who are…
Read MoreWhat forms should be used for powers of attorney in patent applications filed before September 16, 2012?
For patent applications filed before September 16, 2012, the USPTO recommends specific forms for powers of attorney. According to the MPEP: Form PTO/SB/80 or PTO/SB/81 (available at www.uspto.gov/patent/patents-forms) should be used for powers of attorney in applications filed before September 16, 2012. Additionally, for patents that issued from applications filed before September 16, 2012, Form…
Read MoreHow does the USPTO handle patent applications when an inventor dies during prosecution?
When an inventor dies during the prosecution of a patent application, the USPTO has specific procedures in place: If the inventor died after filing the application, the legal representative (executor or administrator of the estate) can proceed with the application. The legal representative must submit evidence of their authority, such as Letters Testamentary or Letters…
Read MoreHow does the USPTO handle proof of proprietary interest for deceased inventors?
How does the USPTO handle proof of proprietary interest for deceased inventors? The USPTO has specific provisions for handling proof of proprietary interest when an inventor is deceased. According to MPEP 409.03(f): ‘In the case of a deceased inventor, the proof of proprietary interest must be signed by the legal representative (executor, administrator, etc.) of…
Read MoreHow does the USPTO verify the authenticity of S-signatures?
The USPTO has specific methods to verify the authenticity of S-signatures: Comparison with other documents: The USPTO may compare the S-signature with other signatures from the same person in their records. Certification statement: MPEP 402.03 states: ‘The person inserting a permanent S-signature must present a statement certifying that the inserted signature is his or her…
Read MoreCan an applicant appoint two patent practitioners for the same application?
Yes, an applicant can appoint two patent practitioners for the same application. However, when doing so, it’s important to specify the correspondence address. As stated in the MPEP: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address.” This ensures clear communication…
Read MoreHow does an assignee become of record in a patent application?
How does an assignee become of record in a patent application? An assignee must become of record in a patent application before they can revoke the power of attorney given by the applicant. According to MPEP 402.07, this process involves: Filing a statement under 37 CFR 3.73(c) Complying with the requirements of 37 CFR 3.71…
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