Who 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…

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How 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…

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How 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…

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Who 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…

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Who 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…

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Who 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…

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