Does pre-AIA 37 CFR 1.47 apply to deceased inventors?
Pre-AIA 37 CFR 1.47 does not directly apply to deceased inventors. The MPEP clearly states: Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language ‘cannot be found or reached after diligent effort’ has no reasonable application to a deceased inventor. However,…
Read MoreCan a pre-AIA 37 CFR 1.47 application be published as a Statutory Invention Registration?
Yes, a pre-AIA 37 CFR 1.47 application can be published as a Statutory Invention Registration, but with a specific condition. According to the MPEP: “An application filed under pre-AIA 37 CFR 1.47 can be published as a Statutory Invention Registration (provided the request for a Statutory Invention Registration was filed before March 16, 2013).” It’s…
Read MoreDoes this address requirement apply to all patent applications?
No, this specific requirement does not apply to all patent applications. The MPEP clearly states: ‘[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]’ This means that the requirement to provide the last known address of a nonsigning inventor is only applicable to pre-AIA applications filed before…
Read MoreWhat forms are used for assignee revocation of power of attorney in pre-AIA applications?
For pre-AIA applications (filed before September 16, 2012), the MPEP mentions a specific form that can be used by assignees to revoke a power of attorney and appoint a new one: Form PTO/SB/80 may be used by an assignee of the entire interest of the applicant to revoke a power of attorney and appoint a…
Read MoreWhat are the rules for assignee revocation of power of attorney in applications filed before September 16, 2012?
For applications filed before September 16, 2012, the process for an assignee to revoke a power of attorney is different. According to the MPEP: In applications filed before September 16, 2012, the assignee of record of the entire interest can revoke the power of attorney of the applicant unless an ‘irrevocable’ right to prosecute the…
Read MoreWhat is the difference in power of attorney revocation between pre-AIA and post-AIA applications?
The main difference in power of attorney revocation between pre-AIA (before September 16, 2012) and post-AIA (on or after September 16, 2012) applications lies in who can sign the power of attorney and the process for revocation: Post-AIA (on or after September 16, 2012): The power of attorney must be signed by the applicant or…
Read MoreWhat is the difference between a principal and an associate power of attorney in patent applications?
What is the difference between a principal and an associate power of attorney in patent applications? In patent applications, there is a distinction between principal and associate powers of attorney: Principal Power of Attorney: This is the primary power of attorney granted by the applicant to a patent practitioner or firm. Associate Power of Attorney:…
Read MoreHow can an applicant proceed if an inventor is deceased?
How can an applicant proceed if an inventor is deceased? If an inventor is deceased, the applicant can proceed with the patent application by filing a petition under 37 CFR 1.47(b). The MPEP states: “When an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon,…
Read MoreHow is a pre-AIA 37 CFR 1.47 application processed?
The processing of a pre-AIA 37 CFR 1.47 application involves several steps: A filing date is assigned if the application meets the requirements of 37 CFR 1.53(b). A filing receipt is sent to the applicant. The application or an electronic message about the petition is forwarded to the Office of Petitions. If the papers are…
Read MoreIs proof of authority required for a legal representative of a deceased inventor?
The United States Patent and Trademark Office (USPTO) does not require proof of authority to be filed by a legal representative of a deceased or incapacitated inventor. MPEP 409.01(b) states: “Proof of authority of the legal representative of a deceased or incapacitated inventor is not required.” However, it’s important to note that while the USPTO…
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