Is the last known residence always the correct address to provide for a nonsigning inventor?
While the last known residence is often the appropriate address to provide, it’s not always the case. The MPEP states: ‘Ordinarily, the last known address will be the last known residence of the nonsigning inventor.’ However, the key is to provide the address where the inventor customarily receives mail. If this differs from their residence,…
Read MoreWhat rights does a nonsigning inventor have in a patent application?
A nonsigning inventor, also known as an ‘inventor designee,’ has several rights in a patent application filed under pre-AIA 37 CFR 1.47. These rights include: The right to protest their designation as an inventor The right to inspect any paper in the application The right to order copies of application documents at the price set…
Read MoreWhat rights does a nonsigning inventor have in a pre-AIA 37 CFR 1.47 application?
A nonsigning inventor in a pre-AIA 37 CFR 1.47 application retains certain rights, as outlined in MPEP 409.03(i): May protest their designation as an inventor Can inspect any paper in the application May order copies of application documents Can make their position of record in the application file Has the option to join the application…
Read MoreWhat happens to nonsigning inventors in a pre-AIA 37 CFR 1.47 application?
In a pre-AIA 37 CFR 1.47 application, nonsigning inventors are notified of the application filing. The MPEP states: The U.S. Patent and Trademark Office will notify the nonsigning inventor(s) or, if the inventor is deceased, the legal representative(s), of the filing of an application under pre-AIA 37 CFR 1.47 by sending a letter to the…
Read MoreHow are the rights of a nonsigning inventor protected in pre-AIA 37 CFR 1.47 applications?
The rights of nonsigning inventors in pre-AIA 37 CFR 1.47 applications are protected through specific provisions in patent law. According to MPEP 409.03(i): “The rights of a nonsigning inventor are protected by the fact that the patent resulting from an application filed under pre-AIA 37 CFR 1.47(b) and pre-AIA 35 U.S.C. 118 must issue to…
Read MoreWhat is an ‘obligated assignee’ in patent applications?
An ‘obligated assignee’ in patent applications refers to a person or entity who is under an obligation to assign the invention but has not yet executed an assignment. This concept is important in the context of MPEP 409.05, which states: An assignee or obligated assignee who is the applicant may execute a substitute statement under…
Read MoreWhat is the role of an ‘obligated assignee’ in filing a patent application?
An ‘obligated assignee’ is a person or entity who has a contractual obligation to assign the rights to an invention but has not yet done so. According to MPEP 409.05, an obligated assignee can file a patent application on behalf of the inventor if they meet certain requirements: They must have a contractual obligation with…
Read MoreWhat information is published in the Official Gazette for a pre-AIA 37 CFR 1.47 application?
When a pre-AIA 37 CFR 1.47 application is found acceptable, certain information is published in the Official Gazette. According to the MPEP: A notice will be published in the Official Gazette identifying the application number, filing date, the title of the invention and the name(s) of the nonsigning inventor(s). This publication serves several purposes: It…
Read MoreCan a partial assignee file a patent application as the sole applicant?
No, a partial assignee cannot file a patent application as the sole applicant. The MPEP clarifies this point: Because all parties having any portion of ownership in a patent property must act together as a composite entity in patent matters before the Office, a partial assignee (e.g., a party who owns 50% of the interest)…
Read MoreCan a power of attorney be partially revoked for specific patent applications?
No, a power of attorney cannot be partially revoked for specific patent applications. The MPEP 402.05 states: ‘A principal cannot revoke selected powers of the power of attorney while leaving other powers in effect.’ This means that when revoking a power of attorney, it must be revoked in its entirety for all applications and patents…
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