Can a SIR holder file a reissue application?
No, a Statutory Invention Registration (SIR) holder cannot file a reissue application to recapture the rights waived by the initial publication of the SIR. The MPEP clearly states: The holder of a SIR will not be able to file a reissue application to recapture the rights, including the right to exclude others from making, using,…
Read MoreHow does international publication affect patent rights in designated states?
The effects of international publication on patent rights in designated states are outlined in PCT Article 29. Key points include: The effects are generally the same as those provided by national law for compulsory national publication of unexamined applications. If the publication language differs from the national language, additional requirements may apply, such as translation…
Read MoreWhat is the effect of international publication on patent rights?
The international publication of a PCT application has several important effects on patent rights: It establishes provisional protection in designated States, similar to the effect of national publication of a national application. In the United States, it confers the right to reasonable royalty protection under 35 U.S.C. 154(d). The published application can serve as prior…
Read MoreHow does the cancellation of claims to nonelected invention affect patent rights?
The cancellation of claims to nonelected invention can significantly affect patent rights by limiting the scope of protection granted by the patent. When claims are cancelled, they are no longer part of the patent application and, if the patent is granted, will not be included in the final patent. While MPEP 1302.04(c) doesn’t directly address…
Read MoreWhat is the significance of the ‘common ownership’ requirement in terminal disclaimers?
The ‘common ownership’ requirement in terminal disclaimers is crucial for preventing improper timewise extension of patent rights. Key points include: It ensures that the disclaimed patent and the reference patent remain under common ownership for the entire term of the disclaimed patent. This prevents separate entities from enforcing the patents independently, which could effectively extend…
Read MoreWhat 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.…
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