What information is published in the Official Gazette for a pre-AIA 37 CFR 1.47 application?

When a pre-AIA 37 CFR 1.47 application is found acceptable, certain information is published in the Official Gazette. According to the MPEP: A notice will be published in the Official Gazette identifying the application number, filing date, the title of the invention and the name(s) of the nonsigning inventor(s). This publication serves several purposes: It…

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What are the differences in patent applicant rules for applications filed before and after September 16, 2012?

The rules regarding who can be a patent applicant changed significantly for applications filed on or after September 16, 2012. MPEP § 605 outlines these differences: For applications filed on or after September 16, 2012: “Effective September 16, 2012, the Office revised the rules of practice to permit a person to whom the inventor has…

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Is citizenship information required for patent applications?

For applications filed on or after September 16, 2012, citizenship information is no longer required. The MPEP states: “For applications filed on or after September 16, 2012, the citizenship of the inventor is no longer required by 35 U.S.C. 115 or 37 CFR 1.63.” However, for applications filed before September 16, 2012, citizenship information was…

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What are the requirements for filing a patent application when one joint inventor is unavailable?

When filing a patent application with at least one unavailable joint inventor under pre-AIA 37 CFR 1.47(a), the following requirements must be met: All available joint inventors must make an oath or declaration for themselves and on behalf of the nonsigning inventor. Proof must be provided that the nonsigning inventor cannot be found or refuses…

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What information is included in an Application Data Sheet for pre-AIA applications?

An Application Data Sheet (ADS) for pre-AIA applications includes several categories of bibliographic information: Applicant information (name, residence, mailing address, and citizenship) Correspondence information Application information (title, classification, drawings, etc.) Representative information Domestic priority information Foreign priority information Assignee information As stated in MPEP 601.05(b), “Bibliographic data as used in paragraph (a) of this section…

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