What is the deadline for recording documentary evidence of ownership for assignee applicants?
For assignee applicants, there is a specific deadline for recording documentary evidence of ownership. According to 37 CFR 1.46(b)(1): If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to…
Read MoreWhat are the reasons for a patent application to be considered ‘abandoned’?
A patent application can be considered ‘abandoned’ for several reasons. According to MPEP 203.05, an abandoned application is one that is removed from the Office docket of pending applications due to: Formal abandonment by the applicant or by the attorney or agent of record Failure of applicant to take appropriate action at some stage in…
Read MoreWhat happens if the certified copy of the foreign application is filed after the issue fee is paid?
If the certified copy of the foreign application is filed after the issue fee is paid but before the patent is granted, the following occurs: The priority claim or certified copy will be placed in the file record There will be no review of the papers The published patent will not include the priority claim…
Read MoreHow can a patent be issued to an assignee?
A patent can be issued to an assignee in two main ways: Before paying the issue fee: The assignee can submit a request for issuance in their name along with the issue fee payment. The assignment must be previously recorded or stated to have been filed for recordation. After paying the issue fee: A request…
Read MoreWhat are the requirements for issuing a patent to an assignee after the issue fee has been paid?
If a request for issuance to an assignee is submitted after the issue fee has been paid, the following requirements must be met: Submit a request under 37 CFR 3.81(b) Include a request for a certificate of correction under 37 CFR 1.323 Pay the fee for the certificate of correction (set forth in 37 CFR…
Read MoreWhat happens if an assignee requests issuance of a patent to themselves?
What happens if an assignee requests issuance of a patent to themselves? When an assignee requests issuance of a patent to themselves, the following process occurs: The assignee must file a request for issuance of the patent to the assignee under 37 CFR 3.81(b). This request must be submitted no later than the date the…
Read MoreWhat is the significance of the issue fee payment date for patent assignments?
What is the significance of the issue fee payment date for patent assignments? The issue fee payment date is crucial for patent assignments and issuance to assignees for several reasons: It serves as the deadline for requesting issuance of the patent to the assignee under 37 CFR 3.81(b). Assignments recorded after this date but before…
Read MoreWhat fees are required to maintain an allowed application’s status?
To maintain an allowed application’s status and proceed to patent issuance, certain fees must be paid. The MPEP mentions two specific fees: Issue fee: This is the fee required for the USPTO to issue the patent. Publication fee: If applicable, this fee covers the cost of publishing the patent application. The MPEP states that an…
Read MoreCan I file a certified copy of a foreign application after paying the issue fee?
Can I file a certified copy of a foreign application after paying the issue fee? Yes, you can file a certified copy of a foreign application after paying the issue fee, but there are important considerations. According to MPEP 213.04, “If the claim for priority or the certified copy of the foreign application is filed…
Read MoreWhat are the circumstances under which a patent application becomes ‘abandoned’?
MPEP 203.05 outlines several circumstances under which a patent application can become abandoned: Through formal abandonment by the applicant or by the attorney or agent of record; Through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application; For failure to pay the issue fee (see MPEP §…
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