Who can pay maintenance fees for a patent?
According to MPEP 2515, anyone can pay maintenance fees for a patent. Specifically, the section states: “The patentee may pay maintenance fees and any necessary surcharges or any person or organization may pay maintenance fees and any necessary surcharges on behalf of the patentee.“ This means that the patent owner, a legal representative, or even…
Read MoreWho can file a request for supplemental examination?
According to MPEP 2811, a request for supplemental examination must be filed by the owner(s) of the entire right, title, and interest in the patent. This requirement is specified in 37 CFR 1.601(a). The MPEP explains: “This is because the scope of a patent may be changed (e.g., by cancellation or amendment of the claims)…
Read MoreWhat documentation is required to prove ownership when filing a supplemental examination request?
When filing a request for supplemental examination, the patent owner must provide documentation to prove ownership. According to MPEP 2803: “The patent owner must establish its ownership of the patent in the request for supplemental examination, unless the ownership has already been established in the patent file and there has been no change in ownership.”…
Read MoreWhat are the requirements for identifying patent owners in a supplemental examination request?
When submitting a request for supplemental examination, it is crucial to properly identify the patent owner(s). According to MPEP 2811: “The request must include an identification of the owner(s) of the entire right, title, and interest in the patent requested to be examined, and a submission by the patent owner in compliance with 37 CFR…
Read MoreWhat ownership documentation is required for a supplemental examination request?
When filing a request for supplemental examination, the patent owner must provide specific ownership documentation. According to MPEP 2803: “A request for supplemental examination must include an identification of the owner(s) of the entire right, title, and interest in the patent requested to be examined, and a submission by the patent owner in compliance with…
Read MoreCan an exclusive licensee file a request for supplemental examination?
No, an exclusive licensee cannot file a request for supplemental examination. The MPEP 2803 clearly states: “The statute does not authorize the Office to accept a request for supplemental examination from a party who is not the patent owner. For example, a party who merely states that it is an exclusive licensee or that it…
Read MoreCan a patent owner change entity status between maintenance fee payments?
Yes, a patent owner can change entity status between maintenance fee payments. The MPEP 2550 states: “If status as a small entity has been previously established by filing an assertion of small entity status and the patentee subsequently ceases to qualify for small entity status, a new determination of entity status will be necessary at…
Read MoreHow is the consent requirement verified in a reissue application?
The consent requirement in a reissue application is verified through the following steps: The examiner inspects the submission under 37 CFR 1.172 for documentary evidence of chain of title. The consent and documentary evidence of ownership are compared to ensure the assignee signing the consent matches the assignee indicated by the evidence. The examiner verifies…
Read MoreWhat is the ‘real party in interest’ in a patent appeal brief?
The ‘real party in interest’ is a required component of a patent appeal brief, as specified in MPEP 1205.02. It refers to the actual entity that owns the rights to the patent application. According to the MPEP: “A statement identifying by name the real party in interest at the time the appeal brief is filed,…
Read MoreCan a legal entity be named as an applicant in a PCT application?
Yes, a legal entity can be named as an applicant in a PCT application. The MPEP 1806 states: “Where the applicant is a legal entity, the entity’s name shall be indicated.” This means that: Companies, corporations, and other legal entities can be applicants The official name of the legal entity should be used Individual inventors…
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