Can an assignee of a part interest alone file a reissue application?
No, an assignee of a part interest alone cannot file a reissue application. According to MPEP 1410, a reissue application must be applied for by all of the inventors, unless the application is accompanied by a petition under 37 CFR 1.182 for waiver of the requirement. Alternatively, the assignee of the entire interest can file…
Read MoreWhat happens if an assignee of a part interest refuses to join in an application for reissue?
If an assignee of a part interest refuses to join in an application for reissue, the reissue may still be applied for by the assignee of the entire interest. This is outlined in MPEP 1410. The assignee of the entire interest can file the reissue application as the sole applicant. However, the assignee must comply…
Read MoreWhat are the options when an inventor is deceased, incapacitated, or unavailable?
When an inventor is unable to provide a statement due to death, incapacitation, or unavailability, MPEP 151 offers alternative solutions: “When an inventor applicant is deceased or legally incapacitated, or where it is shown to the satisfaction of this Office that he or she refuses to furnish a statement or cannot be reached after diligent…
Read MoreWhat should be done if inventorship changes after filing a property rights statement?
If inventorship changes after filing a property rights statement, MPEP 151 provides specific guidance: “If a request under 37 CFR 1.48 for correction of inventorship is granted during pendency of an application in which a property rights statement has been filed, a supplemental statement executed by any added inventor(s) is required and should promptly be…
Read MoreHow can I obtain a foreign filing license?
There are several ways to obtain a foreign filing license: File a US patent application, which is considered an implicit petition for a license. The filing receipt will indicate if a license is granted. File an explicit petition for a license under 37 CFR 5.12(b) if no US application has been filed. Wait 6 months…
Read MoreWhat is an Application Data Sheet (ADS) and why is it important for assignee-filed applications?
An Application Data Sheet (ADS) is a document that provides bibliographic data for a patent application. For applications filed by assignees, obligated assignees, or those with sufficient proprietary interest, the ADS is crucial. According to MPEP 409.05: ‘The applicant under 37 CFR 1.46 (assignees and obligated assignees) must record the assignment, or submit the documentary…
Read MoreWhat are the normal corrective procedures for assignment records?
The USPTO provides normal corrective procedures for assignment records, which are outlined in MPEP 323.01(a) through 323.01(c). These procedures are typically the first course of action for addressing issues in assignment records. The expungement process, as described in MPEP 323.01(d), is only considered when: the normal corrective procedures outlined in MPEP § 323.01(a) through §…
Read MoreWhat are the requirements for citing NPL documents in an IDS?
What are the requirements for citing NPL documents in an IDS? When citing Non-Patent Literature (NPL) documents in an Information Disclosure Statement (IDS), specific requirements must be met to ensure proper identification and consideration. According to MPEP 609.04(a): “Each publication listed in an information disclosure statement must be identified by publisher, author (if any), title,…
Read MoreWhat information must be included in a power of attorney for patent applications?
A power of attorney for patent applications must include the following information: The attorney’s or agent’s full mailing address, including ZIP Code It’s recommended to include the telephone and fax numbers of the attorney or agent As stated in MPEP 601.02: “The attorney’s or agent’s full mailing address (including ZIP Code) must be given in…
Read MoreHow do power of attorney requirements differ for patent applications filed before and after September 16, 2012?
The requirements for power of attorney in patent applications differ based on the filing date: For applications filed on or after September 16, 2012: Refer to MPEP § 402.02(a) for detailed information and relevant forms. For applications filed before September 16, 2012: Consult MPEP § 402.02(b) for specific details and applicable forms. The MPEP 601.02…
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