What evidence is required to show an inventor is unavailable or refuses to sign?
To show an inventor is unavailable or refuses to sign, the petitioner must provide substantial evidence. According to MPEP 409.03(b): ‘The fact that an inventor is unavailable or refuses to join in an application must be established by satisfactory proof… such as inability to find him or reach him after diligent effort.’ Evidence may include:…
Read MoreWhat should an examiner do when receiving a pre-AIA 37 CFR 1.47 application?
When an examiner receives a pre-AIA 37 CFR 1.47 application, they must follow these steps: “When an examiner receives an application in which a petition under pre-AIA 37 CFR 1.47 has been filed, he or she must check the file to determine that the petition has been decided by the Office of Petitions. If the…
Read MoreAre there exceptions to the requirement for all applicants to sign power of attorney documents?
Yes, there are exceptions to the requirement for all applicants to sign power of attorney documents. The MPEP provides one specific exception: “In an application filed under pre-AIA 37 CFR 1.47(a), an assignee of the entire interest of the available inventors (i.e., the applicant) who has signed the declaration may appoint or revoke a power…
Read MoreWhat is the significance of ‘facts showing the right’ in proving proprietary interest?
What is the significance of ‘facts showing the right’ in proving proprietary interest? The phrase ‘facts showing the right’ is crucial in proving proprietary interest for patent applications. According to MPEP 409.03(f): ‘Facts showing the right or authority to make the petition must be proved in accordance with 37 CFR 1.46.’ This means that: Applicants…
Read MoreWhat is the significance of the filing date in relation to irreparable damage?
The filing date is crucial in relation to irreparable damage because it can determine whether an applicant’s rights are preserved or lost. According to MPEP 409.03(g): Irreparable damage may be established by a pre-AIA 37 CFR 1.47(b) applicant by a showing (a statement) that a filing date is necessary to preserve the rights of the…
Read MoreCan a patent application be filed on behalf of a deceased inventor?
Yes, a patent application can be filed on behalf of a deceased inventor under certain circumstances: The application must be filed by the legal representative of the deceased inventor’s estate. The legal representative must submit an oath or declaration and any necessary assignments. The application should be filed as soon as possible after the inventor’s…
Read MoreWhat is required for a person with ‘sufficient proprietary interest’ to file a patent application?
A person who shows sufficient proprietary interest in the matter can file a patent application, but must submit a petition as outlined in 37 CFR 1.46(b)(2). The petition must include: 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…
Read MoreHow do I request a Customer Number from the USPTO?
How do I request a Customer Number from the USPTO? To request a Customer Number from the USPTO, follow these steps: Complete the Customer Number Request Form (PTO/SB/125) Include the names of registered practitioners associated with the Customer Number Provide the correspondence address for the Customer Number Submit the form to the USPTO According to…
Read MoreHow do I update the list of practitioners associated with a Customer Number?
How do I update the list of practitioners associated with a Customer Number? To update the list of practitioners associated with a Customer Number, follow these steps: Complete the Change of Correspondence Address Form (PTO/SB/122) Provide the Customer Number and the updated list of registered practitioners Submit the form to the USPTO The MPEP 403…
Read MoreCan a Customer Number be used for multiple patent applications?
Can a Customer Number be used for multiple patent applications? Yes, a Customer Number can be used for multiple patent applications. This is one of the primary benefits of the Customer Number system. The MPEP 403 states: ‘The Customer Number practice permits applicants, attorneys, and agents of record to change their correspondence address for a…
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