How does the AIA 35 U.S.C. 102(b)(1)(A) exception apply to joint inventors?
How does the AIA 35 U.S.C. 102(b)(1)(A) exception apply to joint inventors? The AIA 35 U.S.C. 102(b)(1)(A) exception applies to disclosures made by joint inventors in a specific way. According to MPEP 717: “If the disclosure is a public disclosure by a joint inventor or another who obtained the subject matter from the inventor or…
Read MoreHow does the AIA 35 U.S.C. 102(b)(1)(A) exception apply to joint inventors?
The AIA 35 U.S.C. 102(b)(1)(A) exception applies to disclosures made by joint inventors in a specific way: A disclosure made by one or more joint inventors of a claimed invention is not prior art to the claimed invention under AIA 35 U.S.C. 102(a)(1) if it was made one year or less before the effective filing…
Read MoreHow does the USPTO handle patent applications when an inventor dies during prosecution?
When an inventor dies during the prosecution of a patent application, the USPTO has specific procedures in place: If the inventor died after filing the application, the legal representative (executor or administrator of the estate) can proceed with the application. The legal representative must submit evidence of their authority, such as Letters Testamentary or Letters…
Read MoreWho can execute a substitute statement?
Several parties may execute a substitute statement under specific circumstances: The inventor’s legal representative under 37 CFR 1.43, if the inventor is deceased or legally incapacitated Other joint inventors under 37 CFR 1.45, if the inventor refuses to execute the oath or declaration or cannot be found An applicant under 37 CFR 1.46 who is…
Read MoreCan the order of joint inventors’ names be changed after filing a patent application?
Can the order of joint inventors’ names be changed after filing a patent application? Yes, the order of joint inventors’ names can be changed after filing a patent application, but it requires a specific process. The MPEP 602.09 states: “The order of names of joint patentees in the heading of the patent is taken from…
Read MoreWhat is the definition of ‘applicant’ in patent applications?
What is the definition of ‘applicant’ in patent applications? According to MPEP 605, the term ‘applicant’ refers to the inventor or joint inventors who are applying for a patent. The MPEP states: ‘The applicant for a patent is the inventor or joint inventors.’ This definition applies to patent applications filed on or after September 16,…
Read MoreWhat is the requirement for the same inventor or joint inventor in foreign priority claims?
For a valid foreign priority claim, the U.S. application and the foreign application must name the same inventor or have at least one joint inventor in common. This requirement ensures that the right of priority is properly linked between the applications. As stated in MPEP 213.02: “Pursuant to 35 U.S.C. 119(a), the foreign application must…
Read MoreHow are patents issued to joint inventors?
When multiple inventors collaborate on an invention, the patent can be issued to them jointly. The MPEP 308 provides guidance on this: ‘If more than one inventor is named in the application, the patent will issue to the inventors jointly.’ This means that all named inventors share ownership of the patent equally, unless they have…
Read MoreCan a joint inventor apply for a patent if another joint inventor is unavailable or refuses to join?
Can a joint inventor apply for a patent if another joint inventor is unavailable or refuses to join? Yes, a joint inventor can apply for a patent even if another joint inventor is unavailable or refuses to join the application. The MPEP 409 states: ‘If a joint inventor refuses to join in an application for…
Read MoreHow does joint ownership work for patents and patent applications?
Joint ownership in patents and patent applications occurs when two or more parties share ownership rights. According to MPEP 301: “Joint inventors are treated as joint owners of the invention unless there is an assignment.” Key aspects of joint ownership include: Each joint owner has the right to make, use, sell, and license the invention…
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