What types of evidence are acceptable for antedating a reference in patent applications?
According to MPEP 715.07, acceptable evidence for antedating a reference can include: Affidavits or declarations from inventors or others with knowledge of the facts Documentary evidence such as drawings, photographs, or other physical exhibits Laboratory notebooks or other contemporaneous records Testimony from witnesses who can corroborate the inventor’s activities The MPEP states: ‘Facts, not conclusions,…
Read MoreWhat types of documentary evidence are acceptable for Rule 131 affidavits?
What types of documentary evidence are acceptable for Rule 131 affidavits? Various types of documentary evidence can be used to support Rule 131 affidavits. The MPEP 715.07 provides guidance on acceptable forms of evidence: Laboratory notebooks Progress reports Invention disclosure documents Sketches or drawings Photographs Models Correspondence discussing the invention The MPEP states, “Documentary evidence…
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 the deadline for recording documentary evidence of ownership for assignee applicants?
For assignee applicants, there is a specific deadline for recording 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, employment agreement for a person to…
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 MoreWhen should documentary evidence of ownership be recorded for a patent application?
According to 37 CFR 1.46(b)(1), documentary evidence of ownership should be recorded as follows: “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, employment agreement for a person to whom the inventor is under…
Read MoreHow does an assignee establish the right to take action in a patent application filed before September 16, 2012?
To establish the right to take action in a patent application filed before September 16, 2012, an assignee must meet the following requirements: The assignee must be of the entire right, title, and interest in the application. A proper documentary evidence of chain of title from the original owner to the assignee must be submitted.…
Read MoreWhat is considered proper documentary evidence for establishing assignee rights in pre-AIA patent applications?
For patent applications filed before September 16, 2012 (pre-AIA), proper documentary evidence for establishing assignee rights typically includes: An assignment document recorded in the USPTO A statement under 37 CFR 3.73(b) signed by a party authorized to act on behalf of the assignee According to MPEP 324: The submission establishing ownership must show that the…
Read MoreWhen should documentary evidence of ownership be recorded for assignee applicants?
For assignee applicants or persons to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership should be recorded as follows: As provided for in part 3 of Chapter 37 CFR No later than the date the issue fee is paid in the application According to 37 CFR 1.46(b)(1): If…
Read MoreWhat evidence is required to support a petition under pre-AIA 37 CFR 1.47?
To support a petition under pre-AIA 37 CFR 1.47, the following evidence is typically required: A statement of facts signed by someone with firsthand knowledge Documentary evidence such as Internet searches, certified mail return receipts, cover letters of instructions, or telegrams Details of steps taken to locate the nonsigning inventor The MPEP emphasizes: ‘The statement…
Read More