What are the rules for assignee revocation of power of attorney in applications filed before September 16, 2012?

For applications filed before September 16, 2012, the process for an assignee to revoke a power of attorney is different. According to the MPEP: In applications filed before September 16, 2012, the assignee of record of the entire interest can revoke the power of attorney of the applicant unless an ‘irrevocable’ right to prosecute the…

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What are the requirements for an inventor’s oath or declaration in applications filed before September 16, 2012?

For applications filed before September 16, 2012, the requirements for an inventor’s oath or declaration are governed by pre-AIA 37 CFR 1.63. The oath or declaration must: Be executed (signed) in accordance with pre-AIA 37 CFR 1.66 or pre-AIA 37 CFR 1.68. Identify each inventor by full name, including family name and at least one…

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How is a pre-AIA 37 CFR 1.47 application processed?

The processing of a pre-AIA 37 CFR 1.47 application involves several steps: A filing date is assigned if the application meets the requirements of 37 CFR 1.53(b). A filing receipt is sent to the applicant. The application or an electronic message about the petition is forwarded to the Office of Petitions. If the papers are…

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Is proof of authority required for a legal representative of a deceased inventor?

The United States Patent and Trademark Office (USPTO) does not require proof of authority to be filed by a legal representative of a deceased or incapacitated inventor. MPEP 409.01(b) states: “Proof of authority of the legal representative of a deceased or incapacitated inventor is not required.” However, it’s important to note that while the USPTO…

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What must an applicant prove regarding the necessity of filing under pre-AIA 37 CFR 1.47(b)?

When filing under pre-AIA 37 CFR 1.47(b), an applicant must prove that the filing of the application is necessary for specific reasons. The MPEP outlines two primary justifications: To preserve the rights of the parties To prevent irreparable damage Specifically, the MPEP states: “The pre-AIA 37 CFR 1.47(b) applicant must prove that the filing of…

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How are inconsistencies between the Application Data Sheet and other documents resolved in pre-AIA applications?

For pre-AIA applications, the resolution of inconsistencies between the Application Data Sheet (ADS) and other documents is governed by specific rules: 1. General rule: MPEP 601.05(b) states, “The latest submitted information will govern notwithstanding whether supplied by an application data sheet, an amendment to the specification, a designation of a correspondence address, or by an…

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