What is the role of the USPTO Solicitor in patent litigation?
The USPTO Solicitor plays a crucial role in patent litigation, particularly in cases involving the USPTO or appeals of USPTO decisions. Based on MPEP 1002.02(k)(3), the Solicitor’s responsibilities include: Deciding on petitions for extension of time in court matters related to 35 U.S.C. 142, 145, and 146 Handling petitions relating to ex parte questions in…
Read MoreWhat are the rules for pro hac vice representation in PTAB proceedings?
The Patent Trial and Appeal Board (PTAB) allows for pro hac vice representation in interference and trial proceedings under specific conditions. According to MPEP 1002.02(j): “Requests for recognition of counsel pro hac vice in an interference or trial proceeding. 37 CFR 41.5(a) and 42.10(c).” The process for obtaining pro hac vice representation typically involves: Filing…
Read MoreCan an attorney sign an oath or declaration on behalf of an inventor?
No, an attorney cannot sign an oath or declaration on behalf of an inventor, even if they have been given power of attorney to do so. This rule applies to applications filed before September 16, 2012. According to MPEP § 602.08(b), “The oath or declaration may not be signed by an attorney on behalf of…
Read MoreCan a domestic representative be changed after initial designation?
Yes, a domestic representative can be changed after the initial designation. While MPEP 302.04 doesn’t explicitly address changing a domestic representative, it states that the designation is made by a written document signed by such assignee. This implies that a new written document can be submitted to change the designation. To change a domestic representative,…
Read MoreWhat happens to the power of attorney when inventorship is corrected in a patent application?
When inventorship is corrected in a patent application, it can affect the power of attorney. For applications filed on or after September 16, 2012, 37 CFR 1.32(e) provides: If the power of attorney was granted by the originally named inventive entity, and an added inventor pursuant to § 1.48 does not provide a power of…
Read MoreWhat information should be included in a domestic representative designation?
According to 37 CFR 3.61, the designation of a domestic representative should include: The name of the person residing within the United States The address of the designated person A statement that this person may be served process or notice of proceedings affecting the application, patent or registration or rights thereunder As stated in the…
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