What additional requirements are there for international design applications designating the United States?
International design applications designating the United States must include additional elements as specified in 37 CFR 1.1021(d): A claim (37 CFR 1.1021(b)(1)(iii) and 37 CFR 1.1025) Indications concerning the identity of the creator (inventor) The inventor’s oath or declaration (37 CFR 1.63 and 1.64) The MPEP states: “A claim is a filing date requirement for…
Read MoreWhat information is required in the inventor’s oath or declaration for an international design application?
The inventor’s oath or declaration for an international design application designating the United States must contain specific information. According to 37 CFR 1.1021(d)(3): The requirements in §§ 1.63(b) and 1.64(b)(4) to identify each inventor by his or her legal name, mailing address, and residence, if an inventor lives at a location which is different from…
Read MoreWhat is the difference between an inventor’s oath or declaration under 37 CFR 1.63 and a declaration under 37 CFR 1.130(a)?
An inventor’s oath or declaration under 37 CFR 1.63 and a declaration under 37 CFR 1.130(a) serve different purposes in the patent application process: Inventor’s oath or declaration (37 CFR 1.63): Required for all non-provisional patent applications Establishes the identity of the inventor(s) and their belief that they are the original inventor(s) of the claimed…
Read MoreWhat are the requirements for an inventor’s oath or declaration in an international design application designating the United States?
An international design application designating the United States must include the inventor’s oath or declaration. According to 37 CFR 1.1021(d)(3), the oath or declaration must comply with the requirements set forth in 37 CFR 1.63 and 1.64. The MPEP states: International design applications designating the United States are required to contain the inventor’s oath or…
Read MoreWhat are the requirements for the inventor’s oath or declaration in an international design application?
International design applications designating the United States are required to contain the inventor’s oath or declaration. According to MPEP 2920.04(c): “International design applications designating the United States are required to contain the inventor’s oath or declaration (37 CFR 1.63 and 1.64).” Key points: The International Bureau reviews applications to ensure the required inventor’s oath or…
Read MoreHow does the inventor’s oath or declaration relate to the duty of disclosure in international design applications?
The inventor’s oath or declaration in international design applications designating the United States is directly related to the duty of disclosure. According to MPEP 2920.05(f): “The requirement under 37 CFR 1.63(c) and 1.64(c) that a person may not execute the inventor’s oath or declaration for an application unless that person is aware of the duty…
Read MoreHow does the International Bureau review the inventor’s oath or declaration in international design applications?
The International Bureau plays a crucial role in reviewing the inventor’s oath or declaration for international design applications designating the United States. The MPEP states: The International Bureau reviews international design applications designating the United States to ensure that the required inventor’s oath or declaration is provided for the inventors identified in the international design…
Read MoreWhen must the inventor’s oath or declaration be filed in an international design application?
The inventor’s oath or declaration should typically be included with the initial filing of the international design application. However, if it is not filed initially, there are provisions for later submission. According to 37 CFR 1.1067(b): If the applicant is notified in a notice of allowability that an oath or declaration in compliance with §…
Read MoreWhat happens if an inventor is added to an international design application after publication?
Adding an inventor to an international design application after publication of the international registration can create additional requirements for the inventor’s oath or declaration. The MPEP addresses this scenario: As compliance with the requirement for the inventor’s oath or declaration will have been reviewed by the International Bureau, the need to notify the applicant in…
Read MoreWho can file a reissue application?
For reissue applications filed on or after September 16, 2012, the reissue applicant can be: The original patentee The current patent owner (if there has been an assignment) As stated in MPEP 1410.01: “For reissue applications filed on or after September 16, 2012, the reissue applicant is the original patentee, or the current patent owner,…
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