What is the role of an assignee in a patent application?
What is the role of an assignee in a patent application? An assignee is an entity or person to whom the inventor has transferred some or all rights to the patent. While an assignee cannot be named as the applicant for patent applications filed on or after September 16, 2012, they still play important roles…
Read MoreWhat are the consequences of not submitting an inventor’s oath or declaration before the issue fee is paid?
Failing to submit an inventor’s oath or declaration before the issue fee is paid can have serious consequences for a patent application. According to MPEP 602.01(a): If an application does not include an oath or declaration by the inventor or a substitute statement, the Office will issue a notice requiring the applicant to file the…
Read MoreCan a deceased inventor’s legal representative sign an assignment for a patent application?
Can a deceased inventor’s legal representative sign an assignment for a patent application? Yes, a deceased inventor’s legal representative can sign an assignment for a patent application. According to MPEP 409.01(a): “The legal representative (executor, administrator, etc.) of a deceased inventor may make an assignment of the deceased inventor’s rights in the application as well…
Read MoreWhat rights do partial assignees have regarding patent application inspection?
Partial assignees and exclusive licensees have specific rights regarding patent application inspection. According to MPEP 106.01, “an assignee of a part interest or a licensee of exclusive right is entitled to inspect the application.” This means that even if you don’t own the entire interest in a patent application, you still have the right to…
Read MoreHow does the filing date of new matter in a CIP application affect patent rights?
How does the filing date of new matter in a CIP application affect patent rights? n The filing date of new matter in a continuation-in-part (CIP) application significantly affects patent rights. According to MPEP 201.08: n “Matter disclosed in the parent application is entitled to the benefit of the filing date of the parent application.…
Read MoreWhat rights does patent ownership confer?
Patent ownership gives the patent owner the right to exclude others from making, using, offering for sale, selling, or importing the claimed invention into the United States. As stated in 35 U.S.C. 154(a)(1): Ownership of a patent gives the patent owner the right to exclude others from making, using, offering for sale, selling, or importing…
Read MoreHow does joint ownership work for patents?
How does joint ownership work for patents? Joint ownership in patents occurs when two or more parties share ownership rights. The MPEP 301 provides guidance on this: ‘In the case of joint owners, each joint owner has the right to make, use, offer for sale, and sell the patented invention without the consent of and…
Read MoreWhat is a ‘subject invention’ in the context of government-funded research?
What is a ‘subject invention’ in the context of government-funded research? A ‘subject invention’ is a term used in government contracts and refers to any invention conceived or first actually reduced to practice in the performance of work under a government contract. According to MPEP 310, ‘The term ‘subject invention’ is defined by 35 U.S.C.…
Read MoreWhat is Executive Order 9424 and how does it relate to USPTO document recording?
Executive Order 9424, issued in 1944, mandates the recording of certain government interests in patent rights. The MPEP references this order in the context of USPTO document recording: In addition to assignments and documents required to be recorded by Executive Order 9424, upon request, assignments of applications, patents, and registrations, and other documents relating to…
Read MoreWhat is the significance of the filing date in relation to irreparable damage?
The filing date is crucial in relation to irreparable damage because it can determine whether an applicant’s rights are preserved or lost. According to MPEP 409.03(g): Irreparable damage may be established by a pre-AIA 37 CFR 1.47(b) applicant by a showing (a statement) that a filing date is necessary to preserve the rights of the…
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