How can inventorship be corrected in a national stage application?
The process for correcting inventorship in a national stage application depends on the international filing date of the application: For applications with an international filing date on or after September 16, 2012: Inventorship may be corrected under the procedure set forth in 37 CFR 1.48(a). The name of an inventor may be corrected or updated…
Read MoreWhat types of requests can be made to correct inventorship in a nonprovisional patent application?
Requests to correct inventorship in a nonprovisional patent application can be made under 37 CFR 1.48 if filed on or after September 16, 2012. The Manual of Patent Examining Procedure (MPEP) states: “Requests under 37 CFR 1.48 filed on or after September 16, 2012 to correct inventorship in a nonprovisional application.“ These requests are decided…
Read MoreCan a Certificate of Correction be used to add or remove an inventor from a patent?
A Certificate of Correction can be used to add or remove an inventor from a patent, but only under specific circumstances and with proper documentation. According to MPEP 1481: “Correction of inventorship in a patent may be requested under 37 CFR 1.324. See MPEP § 1412.04 for a discussion of the requirements of 37 CFR…
Read MoreHow can I add or delete an inventor’s name in a provisional patent application?
The USPTO provides two separate procedures for adding or deleting an inventor’s name in a provisional patent application: To add an inventor: 37 CFR 1.48(d) To delete an erroneously named inventor: 37 CFR 1.48(e) The MPEP states: “Requests under 37 CFR 1.48(d) to add the name of an inventor in a provisional application.“ “Requests under…
Read MoreWhat is the significance of inventorship in overcoming a 35 U.S.C. 102(e) rejection?
What is the significance of inventorship in overcoming a 35 U.S.C. 102(e) rejection? Inventorship plays a crucial role in overcoming a 35 U.S.C. 102(e) rejection. The MPEP 715.01(a) states: “If the application and reference have at least one common inventor, the inventorship is not identical, and the effective filing date of the application is later…
Read MoreWhat is the exception to all inventors signing an affidavit or declaration under 37 CFR 1.131(a)?
What is the exception to all inventors signing an affidavit or declaration under 37 CFR 1.131(a)? While generally all inventors must sign an affidavit or declaration under 37 CFR 1.131(a), there is an important exception. According to MPEP 715.04: “An affidavit or declaration under 37 CFR 1.131(a) may be signed by less than all named…
Read MoreCan a patent examiner request information about inventorship?
Can a patent examiner request information about inventorship? Yes, a patent examiner can request information about inventorship during the examination process. The MPEP 704.11 explicitly states that examiners may request: “Names of persons to whom the invention was disclosed.” This information may be requested to: Clarify the correct inventorship of the application Determine if there…
Read MoreWhat is the significance of the EmeraChem Holdings, LLC v. Volkswagen Grp. of Am., Inc. case in MPEP 715.01(a)?
The EmeraChem Holdings, LLC v. Volkswagen Grp. of Am., Inc. case is cited in MPEP 715.01(a) to illustrate the importance of providing sufficient context and evidence when submitting inventor declarations. The case highlights that a bare assertion of inventorship, especially when made long after the invention, is not enough to overcome a rejection. The MPEP…
Read MoreWhat should be included in a 37 CFR 1.132 declaration when the reference is a U.S. patent or patent application publication?
When the reference used in a rejection is a U.S. patent or patent application publication, a 37 CFR 1.132 declaration should include specific information to effectively overcome the rejection. MPEP 715.01(a) states: Where the reference is a U.S. patent or patent application publication which includes a claim reciting the subject matter relied upon in a…
Read MoreHow can an inventor overcome a rejection based on a reference with a different inventive entity?
An inventor can overcome a rejection based on a reference with a different inventive entity in several ways: By filing an affidavit or declaration under 37 CFR 1.131(a) showing prior invention By filing an affidavit or declaration under 37 CFR 1.132 The MPEP states: An unequivocal declaration under 37 CFR 1.132 by S that he/she…
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