How were continuation or divisional applications handled when a petition under 37 CFR 1.48 was filed in the prior application?
When a petition under 37 CFR 1.48 to add an inventor was filed in a prior application, the continuation or divisional application could be handled in one of two ways: Filed with a copy of the executed declaration naming the correct inventive entity from the prior application. Filed with a newly executed declaration naming the…
Read MoreHow can inventorship be corrected in a patent application?
Inventorship in a patent application can be corrected through the following methods: Filing a request under 37 CFR 1.48 to correct or change inventorship. For applications filed on or after September 16, 2012, this request should include: An application data sheet (ADS) identifying each inventor by their legal name The processing fee set forth in…
Read MoreWhat happens to the power of attorney when an inventor is added to a pre-AIA patent application?
When an inventor is added to a pre-AIA patent application through a 37 CFR 1.48 request, it can affect the existing power of attorney. According to MPEP 402.05(b): If the power of attorney was granted by the originally named inventive entity and an added inventor pursuant to § 1.48 does not provide a power of…
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