How can an applicant revoke a power of attorney in a patent application filed before September 16, 2012?
For patent applications filed before September 16, 2012, an applicant can revoke a power of attorney using Form PTO/SB/81. According to MPEP 402.05(b), “Form PTO/SB/81 may be used to revoke a power of attorney in an application filed before September 16, 2012.” The revocation can be done at any stage of the proceedings by an…
Read MoreWhat is the significance of the September 16, 2012 date in patent applications involving deceased inventors?
The date September 16, 2012, is significant in patent applications involving deceased inventors because it marks a change in the applicable regulations. The MPEP section 409.03(c) states: [Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.] This means: For applications filed before September 16, 2012: The procedures…
Read MoreWhat is the significance of the September 16, 2012 date in relation to joint inventor patent applications?
The date September 16, 2012, is significant because it marks a change in the applicability of certain patent application procedures. As noted in MPEP 409.03(a): “[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]” This date corresponds to the implementation of the America Invents Act (AIA), which…
Read MoreWhat is the significance of pre-AIA 35 U.S.C. 118 in relation to proprietary interest in patent applications?
Pre-AIA 35 U.S.C. 118 is significant in determining what constitutes a valid assignment or sufficient proprietary interest for filing a patent application. According to MPEP 409.03(f): “An assignment to a pre-AIA 37 CFR 1.47(b) applicant for the sole purpose of obtaining a filing date for a pre-AIA 37 CFR 1.47(b) application is not considered an…
Read MoreWho should sign the power of attorney in a patent application filed before September 16, 2012?
In patent applications filed before September 16, 2012, the power of attorney can be signed by either the inventor(s) or the assignee of the entire interest. However, the MPEP recommends that the assignee sign the power of attorney when one exists. As stated in the MPEP: While a power of attorney may be signed by…
Read MoreWhat are the requirements for submitting a supplemental Application Data Sheet in pre-AIA applications?
For pre-AIA applications, submitting a supplemental Application Data Sheet (ADS) must follow specific requirements: 1. Timing: MPEP 601.05(b) states, “Supplemental application data sheets may be subsequently supplied prior to payment of the issue fee to either correct or update information in a previously submitted application data sheet, or an oath or declaration under pre-AIA 37…
Read MoreWhat is the transition application statement for foreign priority claims?
The transition application statement is a requirement for certain applications that bridge the pre-AIA and AIA periods. Here are the key points: It applies to nonprovisional applications filed on or after March 16, 2013, that claim priority to a foreign application filed before March 16, 2013. The statement is required if the application contains 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…
Read MoreWhat happens to a patent application if an inventor dies after filing but before issuance?
If an inventor dies after filing a patent application but before the patent is granted, the process can still continue. According to 37 CFR 1.42 (pre-AIA): “Where the inventor dies during the time intervening between the filing of the application and the granting of a patent thereon, the letters patent may be issued to the…
Read MoreCan an inventor authorize someone else to sign the application oath or declaration on their behalf?
No, an inventor cannot authorize another individual to act as their agent to sign the application oath or declaration on their behalf. The MPEP is clear on this point, stating: “An inventor may not authorize another individual to act as his or her agent to sign the application oath or declaration on his or her…
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