How does the USPTO handle prior art rejections when the reference names a different inventive entity with at least one common inventor?
When the USPTO handles prior art rejections where the reference names a different inventive entity with at least one common inventor, the following process is typically followed: The examiner will treat the reference as prior art under pre-AIA 35 U.S.C. 102(e), (f), or (g). The applicant can overcome this rejection by filing an affidavit or…
Read MoreHow does adding an inventor affect an existing power of attorney in a patent application?
Adding an inventor to a patent application can potentially affect an existing power of attorney. According to MPEP 402.02(a): “If the power of attorney was granted by the originally named inventive entity, and an added inventor pursuant to § 1.48 does not provide a power of attorney consistent with the power of attorney granted by…
Read MoreHow does adding an inventor affect an existing power of attorney?
Adding an inventor to a patent application can affect an existing power of attorney under certain circumstances. According to MPEP 402.05(a): If the power of attorney was granted by the originally named inventive entity and an added inventor pursuant to § 1.48 does not provide a power of attorney consistent with the power of attorney…
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