What is the relationship between 37 CFR 1.131(c) and the first inventor to file provisions of the AIA?
The provisions of 37 CFR 1.131(c) are not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the America Invents Act (AIA). This is clearly stated in the editor’s note at the beginning of MPEP 718: [Editor Note: This MPEP section is not applicable to applications subject to examination…
Read MoreWhat is the significance of 37 CFR 1.131(a) affidavits or declarations in establishing invention dates?
37 CFR 1.131(a) affidavits or declarations are important tools for establishing invention dates under pre-AIA law. The MPEP 715.07(c) states: “The 37 CFR 1.131(a) affidavit or declaration must contain an allegation that the acts relied upon to establish the date prior to the reference or activity were carried out in this country or in a…
Read MoreWhat is the significance of 37 CFR 1.132 affidavits in overcoming pre-AIA 35 U.S.C. 102 or 103 rejections?
37 CFR 1.132 affidavits play a crucial role in overcoming rejections based on pre-AIA 35 U.S.C. 102 or 103 when the reference cited is a publication of the inventor’s or a joint inventor’s own invention. MPEP 715.01(c) states: See MPEP ยง 716.10 regarding 37 CFR 1.132 affidavits submitted to show that the reference is a…
Read MoreWhat forms should be used for powers of attorney in patent applications filed before September 16, 2012?
For patent applications filed before September 16, 2012, the USPTO recommends specific forms for powers of attorney. According to the MPEP: Form PTO/SB/80 or PTO/SB/81 (available at www.uspto.gov/patent/patents-forms) should be used for powers of attorney in applications filed before September 16, 2012. Additionally, for patents that issued from applications filed before September 16, 2012, Form…
Read MoreHow does a power of attorney by the assignee affect previous powers of attorney in pre-AIA applications?
In pre-AIA patent applications (filed before September 16, 2012), a power of attorney given by the assignee of the entire interest has significant implications for previous powers of attorney. As stated in the MPEP: A power of attorney by the assignee of the entire interest revokes all powers given by the applicant and prior assignees…
Read MoreWho can administer the oath or declaration for a patent application?
For patent applications filed before September 16, 2012, the oath or declaration can be administered by various authorized individuals, depending on the location. According to pre-AIA 35 U.S.C. 115: Within the United States: Any person authorized by law to administer oaths In a foreign country: A diplomatic or consular officer of the United States authorized…
Read MoreWhat is a pre-AIA 37 CFR 1.47 application?
A pre-AIA 37 CFR 1.47 application is a patent application filed before September 16, 2012, where not all inventors have signed the application. This provision allows for the filing of a patent application when an inventor cannot be reached or refuses to sign. According to the MPEP, A filing date is assigned to an application…
Read MoreWho can be considered a ‘person’ under pre-AIA 37 CFR 1.47(b)?
Under pre-AIA 37 CFR 1.47(b), the term ‘person’ is broadly interpreted. The MPEP states that “The word ‘person’ has been construed by the U.S. Patent and Trademark Office to include juristic entities, such as a corporation.” This means that both individuals and legal entities can potentially file an application under this provision, provided they meet…
Read MoreHow can I change the correspondence address in a patent application filed before September 16, 2012?
The process for changing the correspondence address in a patent application filed before September 16, 2012, depends on whether an oath or declaration has been filed: Before filing an oath or declaration: The correspondence address can be changed by the party who filed the application, including the inventor(s), any patent practitioner named in the transmittal…
Read MoreWhat are the consequences of not submitting an Application Data Sheet (ADS) in applications filed before September 16, 2012?
What are the consequences of not submitting an Application Data Sheet (ADS) in applications filed before September 16, 2012? For applications filed before September 16, 2012, submitting an Application Data Sheet (ADS) was not mandatory. The MPEP 601.05(b) states: In applications filed before September 16, 2012, the application data sheet is not a requirement of…
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