How does an Application Data Sheet affect priority claims in pre-AIA applications?

For pre-AIA applications, the Application Data Sheet (ADS) plays a crucial role in establishing priority claims: 1. For domestic priority: MPEP 601.05(b) states, “Providing this information in the application data sheet constitutes the specific reference required by 35 U.S.C. 119(e) or 120.” This means that including domestic priority information in the ADS satisfies the requirement…

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What should be done if a legal representative of a deceased inventor refuses to make application?

If a legal representative of a deceased inventor refuses to make application, the procedure depends on when the application was filed: For applications filed before September 16, 2012: Pre-AIA 37 CFR 1.47 applies. The MPEP states: pre-AIA 37 CFR 1.47 does apply where a known legal representative of a deceased inventor cannot be found or…

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How does legal incapacitation of an inventor affect the patent application process?

When an inventor becomes legally incapacitated before filing a patent application and executing the required oath or declaration, a legal representative must be appointed to act on their behalf. According to 37 CFR 1.43 (pre-AIA): “In case an inventor is insane or otherwise legally incapacitated, the legal representative (guardian, conservator, etc.) of such inventor may…

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How does the MPEP 409.03(f) guidance apply to continuation-in-part applications?

The guidance in MPEP 409.03(f) specifically addresses the issue of continuation-in-part (CIP) applications in relation to assignments. According to MPEP 409.03(f): “An assignment of an application and any ‘reissue, division, or continuation of said application’ does not itself establish an assignment of a continuation-in-part application. In re Gray, 115 USPQ 80 (Comm’r Pat. 1956).” This…

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How does filing a new power of attorney affect existing powers of attorney in pre-2012 applications?

In pre-2012 patent applications, filing a new power of attorney can have significant effects on existing powers of attorney. MPEP 402.05(b) outlines several scenarios: New power of attorney without explicit revocation: “When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files…

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