Who 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 can be the applicant in a nonprovisional international design application?
The applicant in a nonprovisional international design application can be: The inventor(s) The assignee The person to whom the inventor is under an obligation to assign the invention The person who otherwise shows sufficient proprietary interest in the matter According to MPEP 2920.02, “The rules governing the applicant for patent set forth in 37 CFR…
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 MoreWhat are the requirements for the oath or declaration in a broadening reissue application?
The requirements for the oath or declaration in a broadening reissue application depend on when the application was filed: For applications filed on or after September 16, 2012: The original reissue oath or declaration must be signed by all inventors, unless the original patent application was filed under 37 CFR 1.46 by the assignee of…
Read MoreHow can I ensure the correct assignee is listed on a patent?
To ensure the correct assignee is listed on a patent, you should: Complete item 3 of the Fee(s) Transmittal Form (PTOL-85B) with the correct assignment data. If the assignee is not the applicant of record, file an appropriate request under 37 CFR 1.46(c) before or with the payment of the issue fee. As stated in…
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 assignee or attorney sign an affidavit or declaration under 37 CFR 1.131(a)?
Can an assignee or attorney sign an affidavit or declaration under 37 CFR 1.131(a)? No, an assignee or attorney cannot sign an affidavit or declaration under 37 CFR 1.131(a). The MPEP 715.04 clearly states: “The affidavit or declaration must be signed by all of the inventors except as provided for in 37 CFR 1.131(a)(1). An…
Read MoreHow can an assignee become the applicant for a patent application?
An assignee can become the applicant for a patent application by following these steps: File the application under 37 CFR 1.46 Include an application data sheet (ADS) under 37 CFR 1.76 specifying the assignee as the applicant in the applicant information section Record documentary evidence of ownership (e.g., assignment) as provided in 37 CFR part…
Read MoreWhat 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:…
Read MoreHow 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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