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…

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What 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…

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What 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…

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How 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…

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What 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…

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How 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…

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What 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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