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…
Read MoreWhat 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…
Read MoreIs 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…
Read MoreCan a patent application be filed if one joint inventor refuses to sign?
Yes, a patent application can be filed even if one joint inventor refuses to sign, provided certain conditions are met. According to MPEP 409.03(a): “Pre-AIA 37 CFR 1.47(a) and pre-AIA 35 U.S.C. 116, second paragraph, requires all available joint inventors to file an application ‘on behalf of’ themselves and on behalf of a joint inventor…
Read MoreWhat 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…
Read MoreWhat happens to the power of attorney when an inventor is added to a pre-AIA patent application?
When an inventor is added to a pre-AIA patent application through a 37 CFR 1.48 request, it can affect the existing power of attorney. According to MPEP 402.05(b): If the power of attorney was granted by the originally named inventive entity and an added inventor pursuant to § 1.48 does not provide a power of…
Read MoreWhat happens to the power of attorney when an inventor dies?
The death of an inventor (or one of the joint inventors) typically terminates the power of attorney given by the deceased inventor in an application filed before September 16, 2012, unless the power of attorney is coupled with an interest (e.g., the patent practitioner is an assignee or part-assignee). As stated in MPEP 409.01(b): “Unless…
Read MoreDoes this address requirement apply to all patent applications?
No, this specific requirement does not apply to all patent applications. The MPEP clearly states: ‘[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]’ This means that the requirement to provide the last known address of a nonsigning inventor is only applicable to pre-AIA applications filed before…
Read MoreWhat 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…
Read MoreWhat forms are used for assignee revocation of power of attorney in pre-AIA applications?
For pre-AIA applications (filed before September 16, 2012), the MPEP mentions a specific form that can be used by assignees to revoke a power of attorney and appoint a new one: Form PTO/SB/80 may be used by an assignee of the entire interest of the applicant to revoke a power of attorney and appoint a…
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