What is considered ‘proof of unavailability’ for a non-signing inventor?
Proof of unavailability for a non-signing inventor can include various forms of evidence. According to MPEP 409.03(d): In the case of unavailability, proof of the inability to find or reach the non-signing inventor after diligent effort must be submitted. This proof may include: Returned correspondence Copies of email or other communication attempts Statements from people…
Read MoreWhat documents can serve as proof of proprietary interest for joint inventors?
What documents can serve as proof of proprietary interest for joint inventors? For joint inventors, proof of proprietary interest can be established through various documents. According to MPEP 409.03(f), acceptable forms of proof include: An assignment for the entire right, title, and interest in the application from all inventors to one or more joint inventors…
Read MoreWhat proof of proprietary interest is required for a pre-AIA 37 CFR 1.47(b) application?
For a pre-AIA 37 CFR 1.47(b) application, the applicant must prove one of the following: The invention has been assigned to the applicant The inventor has agreed in writing to assign the invention to the applicant The applicant otherwise has sufficient proprietary interest in the subject matter to justify filing the application As stated in…
Read MoreWhat proof is required to show an inventor is unavailable or refusing to sign?
When filing under pre-AIA 37 CFR 1.47, the applicant must provide proof that the nonsigning inventor is unavailable or refusing to sign. According to MPEP 409.03(d): For an unavailable inventor, submit a statement of facts describing the diligent efforts made to find or reach the inventor. Include documentary evidence like Internet searches, certified mail receipts,…
Read MoreHow can an applicant demonstrate proprietary interest when filing under pre-AIA 37 CFR 1.47(b)?
When filing under pre-AIA 37 CFR 1.47(b), the applicant must prove proprietary interest in the invention. MPEP 409.03(f) outlines three ways to demonstrate this: Show the invention has been assigned to the applicant Prove the inventor agreed in writing to assign the invention to the applicant Otherwise demonstrate sufficient proprietary interest To prove assignment, submit:…
Read MoreHow do I prove an invention has been assigned in a pre-AIA 37 CFR 1.47(b) application?
To prove an invention has been assigned in a pre-AIA 37 CFR 1.47(b) application, you must submit the following: A copy of the assignment in English A statement under pre-AIA 37 CFR 3.73(b) by the assignee According to MPEP 409.03(f): “If the application has been assigned, a copy of the assignment (in the English language)…
Read MoreHow can an applicant prove irreparable damage under pre-AIA 37 CFR 1.47(b)?
Under pre-AIA 37 CFR 1.47(b), an applicant can prove irreparable damage by providing a statement that demonstrates the necessity of a filing date. According to MPEP 409.03(g): Irreparable damage may be established by a pre-AIA 37 CFR 1.47(b) applicant by a showing (a statement) that a filing date is necessary to preserve the rights of…
Read MoreHow can I prove that a joint inventor cannot be found or refuses to sign the application?
To prove that a joint inventor cannot be found or refuses to sign the patent application, you must provide evidence of your diligent efforts. According to MPEP 409.03(a): “The application must be accompanied by proof that the nonsigning inventor (1) cannot be found or reached after diligent effort or (2) refuses to execute the application…
Read MoreWhat must an applicant prove regarding the necessity of filing under pre-AIA 37 CFR 1.47(b)?
When filing under pre-AIA 37 CFR 1.47(b), an applicant must prove that the filing of the application is necessary for specific reasons. The MPEP outlines two primary justifications: To preserve the rights of the parties To prevent irreparable damage Specifically, the MPEP states: “The pre-AIA 37 CFR 1.47(b) applicant must prove that the filing of…
Read MoreWho handles power of attorney changes during interference or derivation proceedings?
During interference or derivation proceedings, power of attorney changes are handled by a specific entity within the USPTO. According to MPEP 402.08: While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for…
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