What are extraordinary remedies in a derivation proceeding?
Extraordinary remedies in a derivation proceeding are special measures that the Patent Trial and Appeal Board (PTAB) may include in its judgment. These remedies can have significant impacts on the application or patent. As mentioned in MPEP 2315: “It is possible that extraordinary remedies might be provided for by the Board in its judgment. For…
Read MoreHow should I handle changes in inventorship in a continuing application?
Handling changes in inventorship in a continuing application depends on the filing date of the application and the nature of the change. Here are the key points: For applications filed on or after September 16, 2012: Inventorship is determined by the Application Data Sheet (ADS) if filed before or with the oath/declaration copy. If no…
Read MoreHow were changes in inventorship handled in continuation or divisional applications filed under 37 CFR 1.53(b)?
Changes in inventorship for continuation or divisional applications filed under 37 CFR 1.53(b) could be handled in two ways: Filing with a copy of an oath or declaration from a prior application and a statement requesting the deletion of non-inventors. Filing with a newly executed oath or declaration naming the correct inventive entity. The MPEP…
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