What is a juristic entity in patent applications?
A juristic entity, in the context of patent applications, typically refers to an organizational assignee such as a company or corporation. According to MPEP 401, juristic entities have special requirements: “An applicant who is a juristic entity must be represented by a patent practitioner.” This means that companies or other organizational entities cannot represent themselves…
Read MoreWhat options are available if an inventor refuses to sign a patent application?
For applications filed on or after September 16, 2012: An assignee or obligated assignee may file the application as the applicant A person who shows sufficient proprietary interest may file the application on behalf of and as agent for the inventor The applicant may file a substitute statement in lieu of an inventor’s oath or…
Read MoreHow can I find a registered patent attorney or agent?
The USPTO provides several ways to find a registered patent attorney or agent, as mentioned in MPEP 401: Visit the USPTO website: www.uspto.gov/FindPatentAttorney for a searchable listing of registered practitioners. Write to the Office of Enrollment and Discipline (OED) to request a list of registered patent practitioners in your area: Mail Stop OED, Director of…
Read MoreWhat should I do if I need information related to a reserved MPEP section?
If you need information related to a topic that corresponds to a reserved MPEP section, such as MPEP 404, follow these steps: Check other relevant sections of the MPEP that may cover related topics Consult the USPTO’s official website for guidance documents and notices Review recent patent laws and regulations that may address the topic…
Read MoreHow can applicants find a new patent attorney or agent when their current one is suspended?
When an applicant’s patent attorney or agent is suspended, they can find a new registered patent attorney or agent by: Consulting the USPTO website at https://oedci.uspto.gov/OEDCI/ Calling the Office of Enrollment and Discipline at (571) 272-4097 This information is provided in Form Paragraph 4.07 of MPEP § 407.
Read MoreCan examiners initiate interview requests with patent practitioners?
Yes, examiners can initiate interview requests with patent practitioners of record. The MPEP encourages this practice to expedite prosecution: The Office encourages the use of interviews to expedite prosecution. When the examiner believes the progress of the application would be advanced by an interview, the examiner may contact the patent practitioner of record in the…
Read MoreWhat is the difference between a suspended and an excluded patent practitioner?
While both suspended and excluded patent practitioners are prohibited from practicing before the USPTO, there are differences in the nature and duration of the prohibition: Suspended practitioner: Temporarily prohibited from practicing before the USPTO for a specific period. Excluded practitioner: Permanently prohibited from practicing before the USPTO, unless later reinstated. The MPEP § 407 uses…
Read MoreCan non-registered representatives be contacted for patent application actions?
No, non-registered representatives should not be contacted for patent application actions, even if they appear to be authorized by the attorney or agent of record. The MPEP clearly states: In addition, non-registered representatives of the practitioner of record should not be contacted for such actions, even if apparently authorized by the attorney or agent of…
Read MoreHow often are reserved sections in the MPEP updated or filled?
The frequency of updates to reserved sections in the MPEP varies and is determined by the USPTO based on several factors: Changes in patent laws or regulations New court decisions affecting patent examination Evolving USPTO policies and procedures Feedback from patent examiners and practitioners Reserved sections may be filled or updated during regular MPEP revisions,…
Read MoreWhy are some sections in the MPEP marked as [reserved]?
Sections in the Manual of Patent Examining Procedure (MPEP) marked as [reserved], such as MPEP 908, serve several purposes: They act as placeholders for potential future content. They maintain consistency in numbering across MPEP revisions. They allow for the addition of new material without disrupting the existing structure. Reserved sections may be filled in future…
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