Who can be considered a ‘person’ under pre-AIA 37 CFR 1.47(b)?
Under pre-AIA 37 CFR 1.47(b), the term ‘person’ is broadly interpreted. The MPEP states that “The word ‘person’ has been construed by the U.S. Patent and Trademark Office to include juristic entities, such as a corporation.” This means that both individuals and legal entities can potentially file an application under this provision, provided they meet…
Read MoreCan a withdrawn attorney continue to receive Office communications for a patent application?
Can a withdrawn attorney continue to receive Office communications for a patent application? No, a withdrawn attorney should not continue to receive Office communications for a patent application. The MPEP 402.06 clearly states: “An attorney or agent withdrawing from an application who wishes to cease receiving copies of communications from the Office must submit a…
Read MoreCan a practitioner acting in a representative capacity withdraw from an application?
The USPTO has specific rules regarding withdrawal for practitioners acting in a representative capacity under 37 CFR 1.34: The USPTO will not approve withdrawal requests from practitioners acting in a representative capacity. These practitioners are responsible for the correspondence they file in the application while acting in a representative capacity. There is no need for…
Read MoreCan one co-inventor revoke a power of attorney in a patent application?
Can one co-inventor revoke a power of attorney in a patent application? No, a single co-inventor cannot unilaterally revoke a power of attorney in a patent application. The MPEP 402.10 states: A power of attorney may not be revoked by less than all of the applicants or owners of the entire interest without good and…
Read MoreWhat are the consequences of improper signatures on patent documents?
Improper signatures on patent documents can have serious consequences: The document may be considered unsigned and therefore ineffective. It could lead to delays in the patent application process. In some cases, it might result in the loss of rights or benefits. The USPTO may require a new submission with proper signatures. MPEP 402.03 states: ‘Signatures…
Read MoreWhat are the consequences of submitting unauthorized correspondence to the USPTO for patent applications filed after September 16, 2012?
Submitting unauthorized correspondence to the USPTO for patent applications filed after September 16, 2012, can have serious consequences: The correspondence may be returned or not entered into the application It could cause delays in the processing of the application Important deadlines might be missed, potentially leading to abandonment of the application There may be additional…
Read MoreWhat are the potential consequences of violating USPTO signature and certification requirements?
Violations of USPTO signature and certification requirements can result in serious consequences as outlined in 37 CFR 11.18(c) and (d): Striking the offending paper Referral to the Office of Enrollment and Discipline Preclusion from submitting papers or contesting issues Affecting the weight given to the offending paper Termination of proceedings Disciplinary action against practitioners The…
Read MoreHow are continuation or divisional applications handled under pre-AIA 37 CFR 1.47?
For continuation or divisional applications filed under 37 CFR 1.53(b) of an application previously accorded status under pre-AIA 37 CFR 1.47, the process is simplified. The MPEP states: In a continuation or divisional application filed under 37 CFR 1.53(b) of an application accorded status under pre-AIA 37 CFR 1.47, if a copy of a declaration…
Read MoreCan a Pre-AIA 37 CFR 1.47 application be converted to a regular application?
Yes, a Pre-AIA 37 CFR 1.47 application can be converted to a regular application if the previously non-signing inventor later submits an executed oath or declaration. The MPEP 409.03(j) states: ‘If a 37 CFR 1.47 applicant submits an executed oath or declaration of the nonsigning inventor, the executed oath or declaration should be accepted by…
Read MoreCan a corporation file a patent application under pre-AIA 37 CFR 1.47(b)?
Yes, a corporation can file a patent application under pre-AIA 37 CFR 1.47(b). The MPEP explicitly states that “Where a corporation is the pre-AIA 37 CFR 1.47(b) applicant, an officer (President, Vice-President, Secretary, Treasurer, or Chief Executive Officer) thereof should normally sign the necessary oath or declaration.” Additionally, “A corporation may authorize any person, including…
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