What is the significance of 35 U.S.C. 118 in relation to 37 CFR 1.130 declarations?
35 U.S.C. 118 is significant in the context of 37 CFR 1.130 declarations because it allows entities other than the inventor to be the applicant for a patent. According to MPEP 2155.05: “When an assignee, obligated assignee, or person showing sufficient proprietary interest is the applicant under 35 U.S.C. 118 rather than the inventor, the…
Read MoreCan an assignee file a reissue application to correct inventorship without the original inventor’s consent?
Yes, an assignee of the entire interest can file a reissue application to correct inventorship without the original inventor’s consent. The MPEP states: “An assignee of the entire interest can consent to and sign the reissue oath/declaration that adds or deletes the name of an inventor by reissue (e.g., correct inventorship from inventor A to…
Read MoreHow does the America Invents Act (AIA) affect who can be an applicant in U.S. National Stage Applications?
The America Invents Act (AIA) significantly expanded who can be an applicant in patent applications, including U.S. National Stage Applications. This change applies to applications with an international filing date on or after September 16, 2012. The MPEP states: “The America Invents Act (AIA) amended 35 U.S.C. 118 to expand who may be an applicant…
Read MoreTo whom is a patent granted when filed by someone other than the inventor?
When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e): 35 U.S.C. 118 states: If the Director grants a patent on an application filed under this section by a…
Read MoreWho can file a patent application under 35 U.S.C. 118?
According to 35 U.S.C. 118, the following parties can file a patent application: 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 shows sufficient proprietary interest in the matter, acting as an agent for the inventor The…
Read MoreWhat is the significance of pre-AIA 35 U.S.C. 118 in relation to proprietary interest in patent applications?
Pre-AIA 35 U.S.C. 118 is significant in determining what constitutes a valid assignment or sufficient proprietary interest for filing a patent application. According to MPEP 409.03(f): “An assignment to a pre-AIA 37 CFR 1.47(b) applicant for the sole purpose of obtaining a filing date for a pre-AIA 37 CFR 1.47(b) application is not considered an…
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