What should be considered when dealing with foreign applicants or applications?
When dealing with foreign applicants or applications: Ensure foreign clients understand the requirements of the duty of disclosure Review information disclosure statements from foreign applicants carefully Be cautious with translations and partial disclosures of foreign references Consider prior art cited in corresponding foreign applications MPEP 2004 states: “It is also important that an attorney or…
Read MoreCan foreign applicants qualify for micro entity status?
Yes, foreign applicants can qualify for micro entity status if they meet all the requirements. The USPTO states in MPEP 509.04(a): Small entities may claim reduced fees regardless of the country in which they are located. There is no restriction requiring that the person, small business concern, or nonprofit organization be located in the United…
Read MoreCan a power of attorney be signed by less than all applicants or owners of a patent application?
Generally, a power of attorney must be signed by all applicants or owners of a patent application. However, there are exceptions: For revocation: A power of attorney signed by less than all applicants/owners may be accepted if accompanied by a petition under 37 CFR 1.36(a) and fee, with a showing of sufficient cause. For appointment:…
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