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…
Read MoreWhat 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…
Read MoreWhat is the difference in power of attorney revocation between pre-AIA and post-AIA applications?
The main difference in power of attorney revocation between pre-AIA (before September 16, 2012) and post-AIA (on or after September 16, 2012) applications lies in who can sign the power of attorney and the process for revocation: Post-AIA (on or after September 16, 2012): The power of attorney must be signed by the applicant or…
Read MoreHow 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…
Read MoreIs 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…
Read MoreWhat proof of proprietary interest is required for a pre-AIA 37 CFR 1.47(b) application?
For a pre-AIA 37 CFR 1.47(b) application, the applicant must prove one of the following: The invention has been assigned to the applicant The inventor has agreed in writing to assign the invention to the applicant The applicant otherwise has sufficient proprietary interest in the subject matter to justify filing the application As stated in…
Read MoreHow do I prove an invention has been assigned in a pre-AIA 37 CFR 1.47(b) application?
To prove an invention has been assigned in a pre-AIA 37 CFR 1.47(b) application, you must submit the following: A copy of the assignment in English A statement under pre-AIA 37 CFR 3.73(b) by the assignee According to MPEP 409.03(f): “If the application has been assigned, a copy of the assignment (in the English language)…
Read MoreWhat 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…
Read MoreWhat is the purpose of pre-AIA 37 CFR 1.47(b) in patent applications?
Pre-AIA 37 CFR 1.47(b) allows a person with a demonstrated proprietary interest to file a patent application on behalf of an inventor who is unavailable. According to the MPEP, this provision is applicable “when no inventor is available to make application” and permits filing “on behalf of and as agent for” an inventor who “cannot…
Read MoreHow 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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