Can a sole inventor file a continuation-in-part based on a joint inventor application?
Yes, a sole inventor can file a continuation-in-part (CIP) application based on an earlier application with joint inventors, provided certain conditions are met. The MPEP 201.08 states: “A continuation-in-part application that has a sole inventor may also derive from an earlier application that has joint inventors and discloses only a portion of the subject matter…
Read MoreCan a continuation-in-part application have different inventors than the parent application?
Yes, a continuation-in-part (CIP) application can have different inventors than the parent application, but there must be at least one common inventor. The MPEP provides guidance on this: “A continuation-in-part application that has a sole inventor may also derive from an earlier application that has joint inventors and discloses only a portion of the subject…
Read MoreWhat are the requirements for a later-filed application to claim the benefit of an earlier filing date under 35 U.S.C. 120 and 119(e)?
To claim the benefit of an earlier filing date under 35 U.S.C. 120 and 119(e), a later-filed application must meet several requirements: The prior-filed application must name the inventor or at least one joint inventor named in the later-filed application and must be entitled to a filing date The prior-filed application must meet disclosure requirements…
Read MoreWhat is the requirement for the same inventor or at least one common joint inventor in foreign priority claims?
For a valid foreign priority claim, the U.S. application must have at least one common inventor with the foreign application. This requirement ensures that the right of priority is only available to the actual inventors or their legal representatives. As stated in MPEP 213.02: “Consistent with longstanding Office policy, this is interpreted to mean that…
Read MoreHow can inventors and joint inventors file patent applications after September 16, 2012?
How can inventors and joint inventors file patent applications after September 16, 2012? For patent applications filed on or after September 16, 2012, inventors and joint inventors can file applications in the following ways: An inventor or joint inventor may file an application. A legal representative of a deceased or legally incapacitated inventor may file…
Read MoreWhat are the inventorship requirements for claiming foreign priority?
The inventorship requirements for claiming foreign priority are specific and important. Here are the key points: The U.S. and foreign applications must name the same inventor or have at least one joint inventor in common. Priority rights do not exist if the foreign and U.S. applications have completely different sole inventors. Joint inventors can each…
Read MoreHow can a joint inventor apply for a patent if another joint inventor is deceased or legally incapacitated?
How can a joint inventor apply for a patent if another joint inventor is deceased or legally incapacitated? If a joint inventor is deceased or legally incapacitated, the other joint inventor(s) can still apply for a patent by following these steps: File the application naming the deceased or legally incapacitated inventor Submit a statement identifying…
Read MoreHow can joint inventors appoint a power of attorney in a patent application?
Joint inventors who are the applicant can appoint a power of attorney in a patent application using Form PTO/AIA/81. This form allows joint inventors to give one or more joint inventor-applicants the power of attorney to sign on behalf of all joint inventor-applicants. According to the MPEP: “Form PTO/AIA/81 may be used by joint inventors…
Read MoreWhat happens if joint inventors can’t agree on filing a patent application?
What happens if joint inventors can’t agree on filing a patent application? If joint inventors cannot agree on filing a patent application, it can lead to complications. According to MPEP 602.09, ‘Each joint inventor may make the application for patent on behalf of himself and the other joint inventors.’ This means that any one of…
Read MoreHow can joint inventors execute oaths or declarations for applications filed on or after September 16, 2012?
For patent applications filed on or after September 16, 2012, joint inventors have more flexibility in executing oaths or declarations. The MPEP states: “For applications filed on or after September 16, 2012, joint inventors may execute separate oaths or declarations in which only the person executing the oath or declaration is identified if an ADS…
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