Can 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…

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How 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…

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What 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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