Can a non-inventor appoint a power of attorney in a pre-September 16, 2012 application?
Can a non-inventor appoint a power of attorney in a pre-September 16, 2012 application? Yes, under certain circumstances, a non-inventor can appoint a power of attorney in applications filed before September 16, 2012. The MPEP 402.02(b) states: If no power of attorney is on file, then a party who is not an inventor, but who…
Read MoreWhat happens if a previously non-signing inventor decides to join a pre-AIA 37 CFR 1.47 application?
If a previously non-signing inventor decides to join a pre-AIA 37 CFR 1.47 application, they can do so by filing the appropriate documentation. The MPEP states: “In the event the previously nonsigning inventor decides to join in the application by filing an executed oath or declaration complying with pre-AIA 37 CFR 1.63, the oath or…
Read MoreWhat happens to the non-signing inventor in a Pre-AIA 37 CFR 1.47 application after acceptance?
After acceptance of a Pre-AIA 37 CFR 1.47 application, the non-signing inventor retains certain rights and responsibilities: They are considered a joint inventor and will be named on any patent that may issue. They have the right to access the application file and receive notices from the USPTO. They can still submit an executed oath…
Read MoreAre nonsigning inventors entitled to a hearing in pre-AIA 37 CFR 1.47 cases?
No, nonsigning inventors are not entitled to a hearing in pre-AIA 37 CFR 1.47 cases. This is explicitly stated in MPEP 409.03(i): “A nonsigning inventor is not entitled to a hearing (Cogar v. Schuyler, 464 F.2d 747, 173 USPQ 389 (D.C. Cir. 1972))” This precedent, set by the case of Cogar v. Schuyler, establishes that…
Read MoreWhat happens if a nonsigning inventor believes they are the sole inventor?
If a nonsigning inventor believes they are the sole inventor of an invention claimed in a pre-AIA 37 CFR 1.47 application where they are named as a joint inventor, they have a specific course of action available to them. According to MPEP 409.03(i): “If a nonsigning inventor feels that he or she is the sole…
Read MoreWhat information about the nonsigning inventor must be included in the patent application?
When filing a patent application with an unavailable joint inventor, you must include the last known address of the nonsigning inventor. As stated in MPEP 409.03(a): “The last known address of the nonsigning joint inventor must be stated.” For more details on providing this information, refer to MPEP 409.03(e). This requirement helps the USPTO in…
Read MoreCan a nonsigning inventor join a pre-AIA 37 CFR 1.47 application?
Yes, a nonsigning inventor can join a pre-AIA 37 CFR 1.47 application. However, there are specific requirements and limitations to this process. According to MPEP 409.03(i): “A nonsigning inventor may join in a pre-AIA 37 CFR 1.47 application. To join in the application, the nonsigning inventor must file an appropriate pre-AIA 37 CFR 1.63 oath…
Read MoreWhat type of address should be provided for the nonsigning inventor?
The MPEP provides specific guidance on the type of address that should be provided for the nonsigning inventor in pre-AIA 37 CFR 1.47 applications: ‘That address should be the last known address at which the inventor customarily receives mail.’ This typically means providing the most recent address where the inventor is known to receive correspondence.…
Read MoreCan a nonsigning inventor revoke or grant a power of attorney?
A nonsigning inventor who subsequently joins an application cannot revoke or grant a power of attorney in certain situations. MPEP 402.05(a) explains: 37 CFR 1.64(f) provides that the submission of an oath or declaration by a nonsigning inventor or legal representative in an application filed under 37 CFR 1.43, 1.45 or 1.46 will not permit…
Read MoreCan a nonsigning inventor revoke a power of attorney in a pre-AIA 37 CFR 1.47 application?
In a pre-AIA 37 CFR 1.47 application, a nonsigning inventor has limited rights regarding the power of attorney. According to MPEP 402.05(b): A nonsigning inventor may subsequently join in a pre-AIA 37 CFR 1.47 application by submitting an oath or declaration under pre-AIA 37 CFR 1.63. However, even if the nonsigning inventor joins in the…
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