How can an assignee revoke a power of attorney in applications filed on or after September 16, 2012?
For applications filed on or after September 16, 2012, an assignee must first become the applicant under 37 CFR 1.46(c) to revoke a previously given power of attorney and/or grant a new one. This is because, as stated in the MPEP, any power of attorney must be signed by the applicant or patent owner. The…
Read MoreWhat is the role of an assignee in a patent application?
What is the role of an assignee in a patent application? An assignee is an entity or person to whom the inventor has transferred some or all rights to the patent. While an assignee cannot be named as the applicant for patent applications filed on or after September 16, 2012, they still play important roles…
Read MoreHow does an assignee file a substitute statement when an inventor is unavailable?
An assignee can file a substitute statement when an inventor is unavailable or refuses to sign the oath or declaration. The process involves the following steps: Determine if the assignee has the right to make the application for patent as provided in 37 CFR 1.46. Prepare the substitute statement following the requirements of 37 CFR…
Read MoreCan an assignee appoint a power of attorney in a patent application?
An assignee’s ability to appoint a power of attorney in a patent application depends on whether the assignee is the applicant. According to the MPEP: An assignee who is the applicant may appoint an effective power of attorney without the need to establish the right to take action under 37 CFR 3.71. An assignee who…
Read MoreWhat is the difference between an assignee and an obligated assignee in patent applications?
In patent applications, there is a distinction between an assignee and an obligated assignee. According to MPEP 409.05: Assignee: A person or entity to whom the inventor has already transferred ownership rights of the invention. Obligated Assignee: A person or entity to whom the inventor is under a contractual obligation to assign the invention in…
Read MoreCan an assignee file a request to correct inventorship in a patent application?
Can an assignee file a request to correct inventorship in a patent application? Yes, an assignee can file a request to correct inventorship in a patent application. According to the MPEP, A request to correct or change the inventorship under 37 CFR 1.48(a) filed on or after September 16, 2012 may be signed by a…
Read MoreWhat is the difference between an applicant and an inventor in a patent application?
What is the difference between an applicant and an inventor in a patent application? In patent applications, there’s an important distinction between an applicant and an inventor. According to MPEP 605: ‘The term “applicant” refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in…
Read MoreWhat documentation is required when filing a patent application as an assignee or obligated assignee?
When filing a patent application as an assignee or obligated assignee, specific documentation is required to establish the right to apply for the patent. According to MPEP 409.05: Quote: ‘The assignee or obligated assignee who files the application must comply with the oath or declaration requirements of 37 CFR 1.63, including meeting the citizenship requirement…
Read MoreWhat documentation is required for an assignee or obligated assignee to file a patent application?
When an assignee or obligated assignee files a patent application as the applicant, they should provide documentary evidence of ownership. According to 37 CFR 1.46(b)(1): If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee,…
Read MoreHow can inventors and joint inventors file patent applications after September 16, 2012?
How can inventors and joint inventors file patent applications after September 16, 2012? For patent applications filed on or after September 16, 2012, inventors and joint inventors can file applications in the following ways: An inventor or joint inventor may file an application. A legal representative of a deceased or legally incapacitated inventor may file…
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