Who can sign a petition for delayed payment of maintenance fees?
The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590: For applications filed on or after September 16, 2012: According to 37 CFR 1.33(b), the petition must be signed by: A patent practitioner of record A patent practitioner not of record…
Read MoreWho can file an affidavit or declaration under 37 CFR 1.130?
According to MPEP 2155.05, “the applicant or patent owner may submit an affidavit or declaration” under 37 CFR 1.130. This means that the person or entity who filed the patent application or owns the patent has the authority to file such documents. However, there’s an important distinction when the applicant is not the inventor: “When…
Read MoreWho must sign an international design application?
According to MPEP 2909.01, an international design application must be signed by the applicant. This requirement is explicitly stated in the section, which cites 37 CFR 1.1022(b): “The international design application shall be signed by the applicant.” This requirement is further reinforced by Hague Rule 7(1), which states: “The international application shall be signed by…
Read MoreHow does an examiner’s use of official notice affect the burden of proof in patent examination?
How does an examiner’s use of official notice affect the burden of proof in patent examination? An examiner’s use of official notice can significantly impact the burden of proof in patent examination. Here’s how it affects the process: Initial burden on examiner: The examiner must provide a rationale for using official notice, explaining why the…
Read MoreHow does the term “applicant” apply in reexamination under 35 U.S.C. 257?
In ex parte reexamination ordered under 35 U.S.C. 257, the term “applicant” is interpreted differently than in standard patent applications. According to MPEP 2818.01: “Any reference to ‘applicant’ in 37 CFR 1.56(b) will be read as ‘patent owner’ in the context of a supplemental examination proceeding and any resulting ex parte reexamination proceeding under 35…
Read MoreWho can pay the issue fee for a patent application?
The issue fee for a patent application can be paid by several parties associated with the application. According to MPEP 1306: “The fee(s) due will be accepted from the applicant, assignee, or a registered attorney or agent, either of record or under 37 CFR 1.34.” This means that the following parties can pay the issue…
Read MoreWho can file a terminal disclaimer?
A terminal disclaimer can be filed by the applicant, patentee, or an attorney or agent of record. For applications filed on or after September 16, 2012, the applicant refers to the inventor(s) or the person applying for the patent as provided in 37 CFR 1.43, 1.45, or 1.46. According to the MPEP: A terminal disclaimer…
Read MoreWho can be the applicant for a U.S. national stage application?
The applicant for a U.S. national stage application depends on the international filing date: For applications with an international filing date on or after September 16, 2012: According to 37 CFR 1.42, the applicant may be: The inventor(s) The legal representative of a deceased or legally incapacitated inventor The assignee The obligated assignee (person to…
Read MoreCan an inventor file a declaration under 37 CFR 1.130 if they are not the applicant?
Yes, an inventor can sign a declaration under 37 CFR 1.130 even if they are not the applicant, but there are important considerations. The MPEP states: 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 inventor may sign an affidavit or…
Read MoreWho can make an affidavit or declaration under 37 CFR 1.130?
According to MPEP 717.01(c): Anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. In accordance with 37 CFR 1.130, however, it is the applicant or patent owner who may submit (i.e., file) an affidavit or declaration. While anyone with knowledge of the facts can sign…
Read More