Who can suggest an interference in the patent examination process?
According to MPEP 2304, an interference can be suggested by either an applicant or an examiner. Specifically, the MPEP states: “The suggestion for an interference may come from an applicant or from an examiner.” This means that both parties involved in the patent application process have the ability to initiate the interference procedure if they…
Read MoreHow does the USPTO communicate with applicants regarding protests?
The USPTO communicates directly with the applicant, not the protestor, regarding any protests filed against their application. According to MPEP 1901.05: “The Office will communicate with the applicant regarding any protest entered in an application file and may require the applicant to supply information pursuant to 37 CFR 1.291(f), including replies to specific questions raised…
Read MoreWho can be the applicant in a nonprovisional international design application?
The applicant in a nonprovisional international design application can be: The inventor(s) The assignee The person to whom the inventor is under an obligation to assign the invention The person who otherwise shows sufficient proprietary interest in the matter According to MPEP 2920.02, “The rules governing the applicant for patent set forth in 37 CFR…
Read MoreWhat is the significance of 35 U.S.C. 118 in relation to 37 CFR 1.130 declarations?
35 U.S.C. 118 is significant in the context of 37 CFR 1.130 declarations because it allows entities other than the inventor to be the applicant for a patent. According to MPEP 2155.05: “When an assignee, obligated assignee, or person showing sufficient proprietary interest is the applicant under 35 U.S.C. 118 rather than the inventor, the…
Read MoreWho can file an international patent application under the Patent Cooperation Treaty (PCT)?
Any resident or national of a Contracting State may file an international application under the Patent Cooperation Treaty (PCT). This includes individuals, corporate entities, or other concerns. As stated in the MPEP: Any resident or national of a Contracting State may file an international application. See PCT Article 9 and PCT Rule 18. The applicant…
Read MoreWho can be an applicant for a U.S. National Stage Application?
For U.S. national stage applications with an international filing date on or after September 16, 2012, the applicant can be: The inventor(s) The legal representative of a deceased or legally incapacitated inventor The assignee The obligated assignee (i.e., a person to whom the inventor is under an obligation to assign the invention) A person who…
Read MoreWho can apply for a reissue patent?
According to 35 U.S.C. 251(c), the following parties can apply for a reissue patent: “The provisions of this title relating to applications for patent shall be applicable to applications for reissue of a patent, except that application for reissue may be made and sworn to by the assignee of the entire interest if the application…
Read MoreWhat is required for a person showing sufficient proprietary interest to be an applicant?
For a person who shows sufficient proprietary interest to be an applicant, they must submit a petition that includes: The fee set forth in 37 CFR 1.17(g) A showing that the person has sufficient proprietary interest in the matter A statement that making the application for patent by this person on behalf of and as…
Read MoreWho receives the International Preliminary Examination Report?
The International Preliminary Examination Report is transmitted to two main recipients: The applicant The International Bureau This is specified in MPEP 1879.02, which cites PCT Rule 71.1(a): “The International Preliminary Examining Authority shall, on the same day, transmit one copy of the international preliminary examination report and its annexes, if any, to the International Bureau,…
Read MoreHow does the America Invents Act (AIA) affect who can be an applicant in U.S. National Stage Applications?
The America Invents Act (AIA) significantly expanded who can be an applicant in patent applications, including U.S. National Stage Applications. This change applies to applications with an international filing date on or after September 16, 2012. The MPEP states: “The America Invents Act (AIA) amended 35 U.S.C. 118 to expand who may be an applicant…
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