What happens to a patent application with multiple inventors if one inventor dies?
When a patent application has multiple inventors and one of them dies, the process for continuing the application depends on whether there’s a power of attorney in place. According to MPEP 409.01(a): When an application is being prosecuted by joint inventor-applicants without a joint inventor-applicant or patent practitioner having been granted a power of attorney,…
Read MoreShould multiple addresses be provided for a nonsigning inventor?
While providing the last known address where the nonsigning inventor customarily receives mail is the primary requirement, the MPEP suggests that additional addresses may be beneficial: ‘Inasmuch as a nonsigning inventor is notified that an application pursuant to pre-AIA 37 CFR 1.47 has been filed on his or her behalf, other addresses at which the…
Read MoreCan multiple correspondence addresses be used for a single patent application filed after September 16, 2012?
While it’s possible to include multiple correspondence addresses for a single patent application filed after September 16, 2012, the USPTO will ultimately select only one for official use. Here’s what you need to know: Multiple addresses can be provided in the application The USPTO will choose one address as the official correspondence address If a…
Read MoreCan multiple attorneys be appointed in a patent application?
Yes, multiple attorneys can be appointed in a patent application. According to MPEP 402.02: More than one attorney, agent, or other party may be appointed as representative of the applicant or owner. When appointing multiple attorneys: Use the appropriate power of attorney form (PTO/AIA/82 for applications filed on or after September 16, 2012, or PTO/SB/81…
Read MoreWhat happens when a power of attorney is accepted from less than all applicants?
When a power of attorney is accepted from less than all applicants or owners, it results in multiple parties prosecuting the application simultaneously. The MPEP states: “The acceptance of such papers by petition under 37 CFR 1.36(a) or 1.183 will result in more than one attorney, agent, applicant, or owner prosecuting the application at the…
Read MoreHow does filing a new power of attorney affect existing powers of attorney?
Filing a new power of attorney typically revokes all prior powers of attorney. According to MPEP 402.05: When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior…
Read MoreHow does filing a new power of attorney affect existing powers of attorney in pre-2012 applications?
In pre-2012 patent applications, filing a new power of attorney can have significant effects on existing powers of attorney. MPEP 402.05(b) outlines several scenarios: New power of attorney without explicit revocation: “When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files…
Read MoreWhat happens if a new power of attorney is filed listing only one of two previously appointed patent practitioners?
When a new power of attorney is filed that lists only one of two previously appointed patent practitioners, it has significant implications. According to MPEP 403.02: “Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even…
Read MoreWhat happens if a legal representative hasn’t been appointed for a deceased inventor?
If a legal representative hasn’t been appointed for a deceased inventor in an application filed before September 16, 2012, the situation can be complex. According to MPEP 409.01(b): If no legal representative has been appointed, the examiner will reject the application under 35 U.S.C. 102(f) on the basis that the applicant is not the inventor…
Read MoreCan a non-attorney represent an applicant before the USPTO?
Can a non-attorney represent an applicant before the USPTO? Yes, a non-attorney can represent an applicant before the USPTO under certain circumstances. According to MPEP 402.04, there are specific provisions for non-attorney representation: Patent agents: Registered patent agents who are not attorneys can represent applicants in patent matters before the USPTO. Limited recognition: Individuals granted…
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