How is inventorship determined in continuing applications filed on or after September 16, 2012?
For continuing applications filed on or after September 16, 2012, inventorship is determined as follows: If an application data sheet (ADS) is filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application, the inventorship is specified in the ADS. If no ADS is filed before or concurrently with…
Read MoreHow did the ADS format differ for applications filed before September 16, 2012 compared to later applications?
How did the ADS format differ for applications filed before September 16, 2012 compared to later applications? The Application Data Sheet (ADS) format for applications filed before September 16, 2012 (pre-AIA) differed from the format used in later applications. According to MPEP 601.05(b): For applications filed before September 16, 2012, the Office continued to use…
Read MoreWhat is the relevance of MPEP 409.03(f) to applications filed on or after September 16, 2012?
MPEP 409.03(f) is not applicable to patent applications filed on or after September 16, 2012. This is clearly stated at the beginning of the section: “[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012. See MPEP §§ 325, 409.05, and 605 for information pertaining to applications for…
Read MoreWhat are the differences in patent applicant rules for applications filed before and after September 16, 2012?
The rules regarding who can be a patent applicant changed significantly for applications filed on or after September 16, 2012. MPEP § 605 outlines these differences: For applications filed on or after September 16, 2012: “Effective September 16, 2012, the Office revised the rules of practice to permit a person to whom the inventor has…
Read MoreWhat is the difference in power of attorney revocation between pre-AIA and post-AIA applications?
The main difference in power of attorney revocation between pre-AIA (before September 16, 2012) and post-AIA (on or after September 16, 2012) applications lies in who can sign the power of attorney and the process for revocation: Post-AIA (on or after September 16, 2012): The power of attorney must be signed by the applicant or…
Read MoreWhat happens if the legal representative of a deceased inventor is unavailable?
When the legal representative of a deceased inventor is unavailable, the process depends on whether the application was filed before or after September 16, 2012: For applications filed before September 16, 2012: If the legal representative cannot be found or reached after diligent effort, or refuses to make application, pre-AIA 37 CFR 1.47 applies. In…
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