What is considered a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants?
What is considered a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants? The USPTO does not provide a specific definition of what constitutes a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants. According to MPEP 402.10: A power of attorney may…
Read MoreHow is a common representative appointed in international patent applications?
In international patent applications, a common representative can be appointed in several ways. According to MPEP 402.09 and 37 CFR 1.455(b): Appointment of an agent, attorney or common representative (PCT Rule 4.8) must be effected either in the Request form, signed by applicant, in the Demand form, signed by applicant, or in a separate power…
Read MoreHow can a practitioner become of record in a patent application filed on or after September 16, 2012?
How can a practitioner become of record in a patent application filed on or after September 16, 2012? A practitioner can become of record in a patent application filed on or after September 16, 2012, through the following methods: Filing an Application Data Sheet (ADS) that names the practitioner as the representative Filing a power…
Read MoreHow can a power of attorney be revoked in a patent application?
How can a power of attorney be revoked in a patent application? A power of attorney can be revoked in a patent application through the following methods: Filing a new power of attorney: This automatically revokes the previous power of attorney. Filing a revocation signed by the applicant or assignee of the entire interest: This…
Read MoreCan a power of attorney be revoked, and if so, how?
Yes, a power of attorney can be revoked. The process for revoking a power of attorney is outlined in MPEP 601.02: “A power of attorney may be revoked at any stage in the proceedings of a case, and a power of attorney to a subsidiary attorney will not be revoked by appointment of a principal…
Read MoreHow does adding an inventor affect an existing power of attorney in a patent application?
Adding an inventor to a patent application can potentially affect an existing power of attorney. According to MPEP 402.02(a): “If the power of attorney was granted by the originally named inventive entity, and an added inventor pursuant to § 1.48 does not provide a power of attorney consistent with the power of attorney granted by…
Read MoreHow does adding an inventor affect an existing power of attorney?
Adding an inventor to a patent application can affect an existing power of attorney under certain circumstances. According to MPEP 402.05(a): If the power of attorney was granted by the originally named inventive entity and an added inventor pursuant to § 1.48 does not provide a power of attorney consistent with the power of attorney…
Read MoreHow does the AIA impact power of attorney for applications filed before September 16, 2012?
How does the AIA impact power of attorney for applications filed before September 16, 2012? The America Invents Act (AIA) does not significantly change the power of attorney requirements for applications filed before September 16, 2012. As stated in MPEP 402.02(b): For applications filed before September 16, 2012, all parties having the right to prosecute…
Read MoreWhat happens to the power of attorney when inventorship is corrected in a patent application?
When inventorship is corrected in a patent application, it can affect the power of attorney. For applications filed on or after September 16, 2012, 37 CFR 1.32(e) provides: If the power of attorney was granted by the originally named inventive entity, and an added inventor pursuant to § 1.48 does not provide a power of…
Read MoreHow does correcting inventorship affect the power of attorney in a patent application?
Correcting inventorship can potentially affect the power of attorney in a patent application. The MPEP states: For applications filed on or after September 16, 2012, 37 CFR 1.32(e) provides that if the power of attorney was granted by the originally named inventive entity, and an added inventor pursuant to 37 CFR 1.48 does not provide…
Read More