Can a patent application be filed if the sole inventor is deceased?
Can a patent application be filed if the sole inventor is deceased? Yes, a patent application can be filed even if the sole inventor is deceased. The MPEP 409.03(b) provides guidance on this situation: “When an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon,…
Read MoreHow is correspondence handled when multiple parties are prosecuting a patent application?
When multiple parties are prosecuting a patent application, the USPTO has specific procedures for handling correspondence. The MPEP states: “Double correspondence will still not be permitted. Accordingly, when the acceptance of such papers results in an attorney or agent and at least one applicant or owner prosecuting the application, correspondence will be mailed to the…
Read MoreWhat is the process for filing a patent application if an inventor is legally incapacitated?
What is the process for filing a patent application if an inventor is legally incapacitated? When an inventor is legally incapacitated, the patent application can be filed by the legal representative of the incapacitated inventor. According to MPEP 409.03(b): “If an inventor is legally incapacitated, the legal representative of the inventor may make the necessary…
Read MoreCan a patent application be filed if one joint inventor refuses to sign?
Yes, a patent application can be filed even if one joint inventor refuses to sign, provided certain conditions are met. According to MPEP 409.03(a): “Pre-AIA 37 CFR 1.47(a) and pre-AIA 35 U.S.C. 116, second paragraph, requires all available joint inventors to file an application ‘on behalf of’ themselves and on behalf of a joint inventor…
Read MoreCan a patent application proceed without all inventors’ signatures?
Yes, a patent application can proceed without all inventors’ signatures under certain circumstances. The MPEP 409.03(d) provides guidance on this matter: If an inventor is deceased, refuses to execute an application, or cannot be found or reached after diligent effort, the application may be made by the other inventor(s) on behalf of themselves and the…
Read MoreWhat are the requirements for filing a patent application when one joint inventor is unavailable?
When filing a patent application with at least one unavailable joint inventor under pre-AIA 37 CFR 1.47(a), the following requirements must be met: All available joint inventors must make an oath or declaration for themselves and on behalf of the nonsigning inventor. Proof must be provided that the nonsigning inventor cannot be found or refuses…
Read MoreWhat changed for patent applications filed on or after September 16, 2012?
The MPEP 409.03(g) section on proof of irreparable damage is not applicable to patent applications filed on or after September 16, 2012. This change is due to the implementation of the America Invents Act (AIA), which brought significant reforms to the U.S. patent system. Key changes include: Transition from a ‘first-to-invent’ to a ‘first-inventor-to-file’ system…
Read MoreHow can a registered patent attorney or agent withdraw from representation?
A registered patent attorney or agent who has been given a power of attorney can withdraw as attorney or agent of record by following these steps: File an application for withdrawal with the USPTO Director Obtain approval from the Director Provide notice to the client As stated in 37 CFR 1.36(b): A registered patent attorney…
Read MoreWhat information must a patent practitioner provide when filing papers in a representative capacity?
When filing papers in a representative capacity, a patent practitioner must provide specific information to identify themselves and establish their authority. According to MPEP 402.04: Registration number Name Signature The MPEP states: “In filing such a paper, the patent practitioner must set forth his or her registration number, his or her name and signature. Further…
Read MoreWhat does acting in a representative capacity mean for patent practitioners?
Acting in a representative capacity refers to a patent practitioner appearing in person or signing papers on behalf of a client before the United States Patent and Trademark Office (USPTO) in a patent case. According to 37 CFR 1.34, when a patent practitioner acts in this capacity, their personal appearance or signature constitutes a representation…
Read More