How can an assignee become the applicant for a patent application?
An assignee can become the applicant for a patent application by following these steps: File the application under 37 CFR 1.46 Include an application data sheet (ADS) under 37 CFR 1.76 specifying the assignee as the applicant in the applicant information section Record documentary evidence of ownership (e.g., assignment) as provided in 37 CFR part…
Read MoreWho can be considered an applicant for a patent application?
According to 37 CFR 1.42, the term ‘applicant’ can refer to: The inventor or all joint inventors A legal representative of a deceased or legally incapacitated inventor The assignee A person to whom the inventor is under an obligation to assign the invention A person who otherwise shows sufficient proprietary interest in the matter The…
Read MoreCan a patent applicant attend an interview with the USPTO without their practitioner?
Can a patent applicant attend an interview with the USPTO without their practitioner? While it is generally recommended that a patent practitioner represents the applicant during USPTO interviews, there are circumstances where an applicant may attend without their practitioner. MPEP 408 states: ‘A registered practitioner, not of record, may accompany a registered practitioner of record…
Read MoreCan an assignee file a patent application as the applicant?
Yes, for applications filed on or after September 16, 2012, an assignee can file a patent application as the applicant. According to MPEP § 409.05: “An assignee or obligated assignee may file a patent application as the applicant. An assignee or obligated assignee doing so should record documentary evidence of ownership (e.g., assignment for an…
Read MoreWho can file a patent application as the applicant?
For applications filed on or after September 16, 2012, the following parties may file a patent application as the applicant: The inventor(s) An assignee to whom the inventor has assigned the invention An obligated assignee to whom the inventor is under an obligation to assign the invention A person who otherwise shows sufficient proprietary interest…
Read MoreWhat forms are used for Customer Number practice?
The USPTO provides several forms for Customer Number practice: PTO/SB/125 – Request for Customer Number PTO/SB/124 – Request for Customer Number Data Change PTO/AIA/122 or PTO/SB/122 – Change of Correspondence Address, Application PTO/AIA/123 or PTO/SB/123 – Change of Correspondence Address, Patent According to MPEP 403: “The following forms are suggested for use with the Customer…
Read MoreHow did the America Invents Act (AIA) change who can be a patent applicant?
The America Invents Act (AIA) significantly changed who can be considered a patent applicant for applications filed on or after September 16, 2012. MPEP § 605 outlines these changes: “Effective September 16, 2012, the Office revised the rules of practice to permit a person to whom the inventor has assigned or is under an obligation…
Read MoreCan a juristic entity be an applicant for a patent application?
Can a juristic entity be an applicant for a patent application? No, a juristic entity cannot be an applicant for a patent application filed on or after September 16, 2012. The MPEP 605 clearly states: ‘A juristic entity (e.g., organizational assignee) cannot be named as the applicant for a patent application.’ This means that only…
Read MoreWho can be an applicant for a patent application filed on or after September 16, 2012?
As of September 16, 2012, the rules for who can be an applicant for a patent application were revised. According to MPEP § 605, the following individuals or entities can file and prosecute a patent application as the applicant: The inventor A person to whom the inventor has assigned the invention A person to whom…
Read MoreHow can inventors or applicants qualify for micro entity status through an institution of higher education?
Inventors or applicants can qualify for micro entity status through an institution of higher education in two ways: If the inventor is an employee of an institution of higher education and obtains the majority of their income from that institution. If the applicant has assigned, granted, conveyed, or is obligated to assign, grant, or convey…
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