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 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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What is a ‘person to whom the inventor has assigned or is under an obligation to assign the invention’?

A ‘person to whom the inventor has assigned or is under an obligation to assign the invention’ refers to an individual or entity that has received rights to the invention through a legal agreement or contract. This concept is important in patent applications filed on or after September 16, 2012, as explained in MPEP 409.05:…

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How does a power of attorney by the assignee affect previous powers of attorney in pre-AIA applications?

In pre-AIA patent applications (filed before September 16, 2012), a power of attorney given by the assignee of the entire interest has significant implications for previous powers of attorney. As stated in the MPEP: A power of attorney by the assignee of the entire interest revokes all powers given by the applicant and prior assignees…

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