What 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…
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