Can an inventor file a 37 CFR 1.130 declaration if they are not the applicant?
This is a nuanced situation addressed in MPEP 2155.05. The MPEP states: “When an assignee, obligated assignee, or person showing sufficient proprietary interest is the applicant under 35 U.S.C. 118 rather than the inventor, the inventor may sign an affidavit or declaration under 37 CFR 1.130 to except subject matter in a disclosure of the…
Read MoreHow does the patent disclosure requirement balance public and inventor interests?
The patent disclosure requirement strikes a balance between public interests and inventor rights: Inventor’s Benefit: The inventor receives exclusive rights to their invention for a limited time. Public Benefit: The public gains access to detailed information about the invention. As the MPEP states: “The requirement for an adequate written description ensures that the public receives…
Read MoreWhat does “authority to take action in the application” mean in the context of 37 CFR 1.130 declarations?
The phrase “authority to take action in the application” is crucial in understanding who can file 37 CFR 1.130 declarations. According to MPEP 2155.05: “Authority to file papers in an application generally does not lie with the inventor if the inventor is not the applicant.” This means that while inventors may sign these declarations, they…
Read MoreWhat is the significance of 35 U.S.C. 118 in relation to 37 CFR 1.130 declarations?
35 U.S.C. 118 is significant in the context of 37 CFR 1.130 declarations because it allows entities other than the inventor to be the applicant for a patent. According to MPEP 2155.05: “When an assignee, obligated assignee, or person showing sufficient proprietary interest is the applicant under 35 U.S.C. 118 rather than the inventor, the…
Read MoreWhat is a ‘person to whom the inventor has assigned or is under an obligation to assign the invention’?
A ‘person to whom the inventor has assigned or is under an obligation to assign the invention’ refers to an individual or entity that has received rights to the invention through a legal agreement or contract. This concept is important in patent applications filed on or after September 16, 2012, as explained in MPEP 409.05:…
Read MoreWhat happens to the non-signing inventor in a Pre-AIA 37 CFR 1.47 application after acceptance?
After acceptance of a Pre-AIA 37 CFR 1.47 application, the non-signing inventor retains certain rights and responsibilities: They are considered a joint inventor and will be named on any patent that may issue. They have the right to access the application file and receive notices from the USPTO. They can still submit an executed oath…
Read MoreHow are the rights of a nonsigning inventor protected in pre-AIA 37 CFR 1.47 applications?
The rights of nonsigning inventors in pre-AIA 37 CFR 1.47 applications are protected through specific provisions in patent law. According to MPEP 409.03(i): “The rights of a nonsigning inventor are protected by the fact that the patent resulting from an application filed under pre-AIA 37 CFR 1.47(b) and pre-AIA 35 U.S.C. 118 must issue to…
Read MoreWhat is the role of an ‘obligated assignee’ in filing a patent application?
An ‘obligated assignee’ is a person or entity who has a contractual obligation to assign the rights to an invention but has not yet done so. According to MPEP 409.05, an obligated assignee can file a patent application on behalf of the inventor if they meet certain requirements: They must have a contractual obligation with…
Read MoreWhat documents can serve as proof of proprietary interest for joint inventors?
What documents can serve as proof of proprietary interest for joint inventors? For joint inventors, proof of proprietary interest can be established through various documents. According to MPEP 409.03(f), acceptable forms of proof include: An assignment for the entire right, title, and interest in the application from all inventors to one or more joint inventors…
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