What is required for conception to be legally complete?
For conception to be legally complete, several elements must be present according to MPEP 2138.04: Definite and permanent idea: The inventor must have formed a definite and permanent idea of the complete and operable invention. Every feature of the invention: The conception must include every feature or limitation of the invention as claimed. Enablement: The…
Read MoreWhat is the legal basis for the requirement of definite claim language in patents?
The legal basis for the requirement of definite claim language in patents is found in 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. The MPEP states: “35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph requires that a patent application specification shall conclude with one or more claims particularly pointing out and…
Read MoreWhat are the legal requirements for issuing a patent?
The legal requirements for issuing a patent are outlined in various sections of U.S. patent law. According to MPEP 1309, which cites 35 U.S.C. 153: “Patents shall be issued in the name of the United States of America, under the seal of the Patent and Trademark Office, and shall be signed by the Director or…
Read MoreWhat authorization language is required for including copyright or mask work notices in patent applications?
To include a copyright or mask work notice in a patent application, specific authorization language must be included at the beginning of the specification. According to MPEP 608.01(w) and 37 CFR 1.71(e), the required authorization language is: A portion of the disclosure of this patent document contains material which is subject to (copyright or mask…
Read MoreWhat is the correct format for a copyright or mask work notice in a patent application?
The format for copyright or mask work notices in patent applications must be limited to only those elements required by law. According to MPEP 608.01(w): For example, “©1983 John Doe” (17 U.S.C. 401) and “*M* John Doe” (17 U.S.C. 909) would be properly limited and, under current statutes, legally sufficient notices of copyright and mask…
Read MoreWhat is the legal basis for the USPTO’s English translation requirement for assignments?
The legal basis for the USPTO’s English translation requirement for assignments is found in the Code of Federal Regulations, specifically 37 CFR 3.26. This regulation is referenced in MPEP 302.02, which states: 37 CFR 3.26 English language requirement. The regulation mandates that non-English documents must be accompanied by an English translation signed by the translator.…
Read MoreWhat are the requirements for an inventor’s oath or declaration in applications filed before September 16, 2012?
For applications filed before September 16, 2012, the requirements for an inventor’s oath or declaration are governed by pre-AIA 37 CFR 1.63. The oath or declaration must: Be executed (signed) in accordance with pre-AIA 37 CFR 1.66 or pre-AIA 37 CFR 1.68. Identify each inventor by full name, including family name and at least one…
Read MoreWhat are the requirements for naming joint inventors in a patent application?
What are the requirements for naming joint inventors in a patent application? When naming joint inventors in a patent application, it’s important to follow specific requirements: All inventors must be named in the application. Each person listed as an inventor must have contributed to the conception of at least one claim in the application. The…
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