Can an assignee or attorney sign an affidavit or declaration under 37 CFR 1.131(a)?
Can an assignee or attorney sign an affidavit or declaration under 37 CFR 1.131(a)? No, an assignee or attorney cannot sign an affidavit or declaration under 37 CFR 1.131(a). The MPEP 715.04 clearly states: “The affidavit or declaration must be signed by all of the inventors except as provided for in 37 CFR 1.131(a)(1). An…
Read MoreCan a registered practitioner sign an affidavit or declaration on behalf of an inventor?
Yes, a registered practitioner can sign an affidavit or declaration on behalf of an inventor under certain circumstances. According to MPEP 717.01(c): ‘A registered practitioner may sign an affidavit or declaration on behalf of an assignee of the entire interest when (A) the practitioner is authorized to act on behalf of the assignee, and (B)…
Read MoreCan a registered practitioner sign an affidavit or declaration on behalf of an inventor?
No, a registered practitioner cannot sign an affidavit or declaration on behalf of an inventor. According to MPEP 717.01(c): ‘The affidavit or declaration must be signed by the inventor or a joint inventor, or if the inventor is deceased, by the legal representative, or if the inventor is under legal incapacity, by a legal representative.’…
Read MoreCan a registered practitioner sign an affidavit or declaration on behalf of an inventor or assignee?
No, a registered practitioner cannot sign an affidavit or declaration on behalf of an inventor or assignee. According to MPEP 717.01(c): ‘The affidavit or declaration must be signed by the inventor or a joint inventor, or the party qualified under 37 CFR 1.42, 1.43, or 1.47. A registered practitioner may not sign an affidavit or…
Read MoreWhat is a pre-AIA 37 CFR 1.47 application?
A pre-AIA 37 CFR 1.47 application is a patent application filed before September 16, 2012, where not all inventors have signed the application. This provision allows for the filing of a patent application when an inventor cannot be reached or refuses to sign. According to the MPEP, A filing date is assigned to an application…
Read MoreWhat is the proper format for the Atomic Energy Act and NASA Act statements?
The statement regarding work with the Atomic Energy Commission or NASA should be in the form of an oath or declaration. The following is an acceptable format, assuming no government funds or considerations were involved in the invention’s conception or making: I (We) [Name(s)] citizens of [Country] residing at [Address] declare: That I (we) made…
Read MoreWho can sign the statement required by the Atomic Energy Act or NASA Act regarding the conception and making of an invention?
The word “applicant” in the Atomic Energy Act and NASA Act is construed by the USPTO to mean the inventor(s), an assignee, obligated assignee, or a person who otherwise shows sufficient proprietary interest in the matter. In the ordinary situation, the statements must be signed by: The inventor or joint inventors An assignee An obligated…
Read MoreAre there any exceptions that allow a suspended or excluded patent practitioner to inspect an application?
Yes, there is one exception. A suspended or excluded patent attorney or agent can inspect an application if they are the inventor or applicant of that particular application. The MPEP clarifies: USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice…
Read MoreWho can sign the 37 CFR 3.73(c) statement establishing assignee ownership?
According to the MPEP, the 37 CFR 3.73(c) statement establishing assignee ownership can be signed by: A person in the organization having apparent authority to sign on behalf of the organization (e.g., an officer) Any person, if the statement sets forth that the person is authorized to act on behalf of the assignee A patent…
Read MoreCan a legal representative sign patent documents on behalf of the inventor?
Yes, a legal representative can sign patent documents on behalf of the inventor under certain circumstances. The MPEP 402.03 states: Where a power of attorney or authorization of agent is given to a customer number, a practitioner must sign the correspondence if an applicant is to be represented. This means that if a power of…
Read More