Can an assignee correct a typographical error in an assignment document?
Yes, an assignee can correct a typographical error in an assignment document, but the process depends on the availability of the assignor. According to MPEP 323.01(b): If an assignor is not available to correct an original document or execute a new one, the assignee may submit an affidavit or declaration in which the assignee identifies…
Read MoreWhat inspection rights do assignees of part interest have in patent applications?
Assignees of part interest in a patent application have specific inspection rights. According to MPEP 106.01: [A]n assignee of a part interest or a licensee of exclusive right is entitled to inspect the application. This means that while assignees of part interest cannot prosecute the application or exclude the applicant from the prosecution process, they…
Read MoreCan an assignee conduct patent prosecution after attorney withdrawal?
Yes, an assignee can conduct patent prosecution after attorney withdrawal under certain conditions: The assignee must have originally appointed the withdrawing attorney or agent. The assignee becomes recognized by the Office for all purposes in the application. The assignee can sign amendments and other papers related to the prosecution. The MPEP 402.06 states: ‘If the…
Read MoreCan an assignee revoke power of attorney in all types of patent applications?
Can an assignee revoke power of attorney in all types of patent applications? An assignee’s ability to revoke power of attorney applies to most, but not all, types of patent applications. According to MPEP 402.07, there are specific scenarios where this is explicitly allowed: “For applications involved in an interference or derivation proceeding, 37 CFR…
Read MoreCan an assignee revoke a power of attorney given by the applicant in a patent application?
Can an assignee revoke a power of attorney given by the applicant in a patent application? Yes, an assignee can revoke a power of attorney given by the applicant in a patent application, provided certain conditions are met. According to MPEP 402.07: “The assignee of the entire interest can revoke the power of attorney of…
Read MoreWho can intervene in the prosecution of a patent application?
According to MPEP 106.01, only the assignee of record of the entire interest in a patent application can intervene in its prosecution. The MPEP states: While it is only the assignee of record of the entire interest who can intervene in the prosecution of an application or interference to the exclusion of the applicant […]…
Read MoreCan an assignee control access to a patent application?
Yes, an assignee of record of the entire interest in a patent application can control access to it. According to MPEP 106, “The applicant or assignee of record of the entire interest in an application may file an application or intervene in the prosecution of the application, appointing an attorney or agent of his or…
Read MoreCan a patent be issued to an assignee if the assignment is not recorded?
Can a patent be issued to an assignee if the assignment is not recorded? Yes, a patent can be issued to an assignee even if the assignment is not recorded, provided certain conditions are met: The request for issuance of the patent to the assignee must be made under 37 CFR 3.81(b). The request must…
Read MoreWhat is the process for establishing ownership in a patent application filed before September 16, 2012?
To establish ownership in a patent application filed before September 16, 2012, an assignee must submit evidence to the USPTO as per pre-AIA 37 CFR 3.73(b). This can be done by either: Submitting documentary evidence of a chain of title from the original owner to the assignee, along with a statement affirming that this evidence…
Read MoreWho can sign a submission establishing ownership for a pre-AIA patent application?
For pre-AIA patent applications (filed before September 16, 2012), the submission establishing ownership must be signed by a party authorized to act on behalf of the assignee. According to MPEP 324, this can be done in several ways: A person with apparent authority in the organization, such as an officer (e.g., CEO, president, vice-president, secretary,…
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