What constitutes a valid reason for filing under pre-AIA 37 CFR 1.47?
A valid reason for filing under pre-AIA 37 CFR 1.47 requires a diligent effort to locate or reach a nonsigning inventor. The MPEP states: ‘Where inability to find or reach a nonsigning inventor “after diligent effort” is the reason for filing under pre-AIA 37 CFR 1.47, a statement of facts should be submitted that fully…
Read MoreWhat are the reasons a practitioner may withdraw from representing a client?
According to 37 CFR 11.116(b), a practitioner may withdraw from representing a client for several reasons, including: Withdrawal can be accomplished without material adverse effect on the client’s interests The client persists in a course of action the practitioner reasonably believes is criminal or fraudulent The client has used the practitioner’s services to perpetrate a…
Read MoreHow do I verify if someone is authorized to conduct business with the USPTO for a patent application filed after September 16, 2012?
To verify if someone is authorized to conduct business with the USPTO for a patent application filed after September 16, 2012, you can follow these steps: Check if the person is listed as the applicant or an assignee Verify if they are a registered patent practitioner Look for a power of attorney or authorization of…
Read MoreWhat is limited recognition in patent matters?
Limited recognition in patent matters is a provision that allows certain individuals who are not registered patent practitioners to prosecute specific patent applications before the United States Patent and Trademark Office (USPTO). According to 37 CFR 11.9(a): Any individual not registered under § 11.6 may, upon a showing of circumstances that render it necessary or…
Read MoreWhat is a pre-AIA 37 CFR 1.47 application?
A pre-AIA 37 CFR 1.47 application is a patent application filed before September 16, 2012, where not all inventors have signed the application. This provision allows for the filing of a patent application when an inventor cannot be reached or refuses to sign. According to the MPEP, A filing date is assigned to an application…
Read MoreWho can be granted limited recognition for patent matters?
Limited recognition for patent matters can be granted to two main categories of individuals: Non-registered individuals: As per 37 CFR 11.9(a), individuals not registered under § 11.6 may be granted limited recognition under certain circumstances. Nonimmigrant aliens: According to 37 CFR 11.9(b): A nonimmigrant alien residing in the United States and fulfilling the provisions of…
Read MoreWho can change the correspondence address in a patent application?
The correspondence address in a patent application can be changed by specific parties as outlined in 37 CFR 1.33(a): A patent practitioner of record (37 CFR 1.33(b)(1)) The applicant (37 CFR 1.33(b)(3)) Prior to the appointment of any power of attorney, any patent practitioner named in the application transmittal papers who acts in a representative…
Read MoreWho can file a patent application as the applicant under 37 CFR 1.46?
According to 37 CFR 1.46(a), the following parties can file a patent application as the applicant: A person to whom the inventor has assigned the invention A person to whom the inventor is under an obligation to assign the invention A person who otherwise shows sufficient proprietary interest in the matter The regulation states: A…
Read MoreWho can file a patent application on behalf of a deceased or legally incapacitated inventor?
According to MPEP 409.01(a), several parties can file a patent application on behalf of a deceased or legally incapacitated inventor: Legal representative: If an inventor is deceased or under legal incapacity, the legal representative of the inventor may make an application for patent on behalf of the inventor. Assignee or obligated assignee: Under 37 CFR…
Read MoreWho can represent applicants in international patent applications?
According to MPEP 1807, applicants of international applications can be represented by: Attorneys or agents registered to practice before the United States Patent and Trademark Office An applicant appointed as a common representative The MPEP states: “Applicants of international applications may be represented by attorneys or agents registered to practice before the United States Patent…
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