What are the requirements for an assignee to take action in a patent application filed on or after September 16, 2012?
For an assignee to take action in a patent application filed on or after September 16, 2012, the following requirements must be met: The assignee must be of the entire right, title, and interest in the application. A statement under 37 CFR 3.73(c) must be filed in the application. The statement must identify the assignee…
Read MoreHow does an assignee establish ownership to take action in a patent application?
To establish ownership and take action in a patent application filed on or after September 16, 2012, an assignee who is not the original applicant must: File a request to change the applicant under 37 CFR 1.46(c)(2) File an application data sheet under 37 CFR 1.76 specifying the assignee as the applicant Submit a statement…
Read MoreWho can sign the 37 CFR 3.73(c) statement establishing assignee ownership?
According to the MPEP, the 37 CFR 3.73(c) statement establishing assignee ownership can be signed by: A person in the organization having apparent authority to sign on behalf of the organization (e.g., an officer) Any person, if the statement sets forth that the person is authorized to act on behalf of the assignee A patent…
Read MoreHow do multiple assignees establish ownership in a patent application?
When multiple assignees seek to take action in a patent matter, each partial assignee must provide a submission under 37 CFR 3.73(c). According to the MPEP: In each submission, the extent of each assignee’s interest must be set forth so that the Office can determine whether it has obtained action by the entirety of the…
Read MoreWhen must ownership be established by an assignee in patent matters?
An assignee must establish ownership under 37 CFR 3.73(c) in various situations, including when the assignee: Signs a request for status of an application Gives a power to inspect an application Appoints its own registered attorney or agent to prosecute an application Signs a disclaimer under 37 CFR 1.321 Consents to the filing of a…
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