What is the time period for an applicant to respond to a formal request for a property rights statement made under the Atomic Energy Act or National Aeronautics and Space Act?
When the USPTO makes a formal request for a property rights statement in accordance with 42 U.S.C. 2182 (DOE) or 51 U.S.C. 20135 (NASA), the applicant has a 30-day statutory period to respond. There is no provision for an extension of this 30-day time period. As stated in MPEP 150, “If no proper and timely…
Read MoreWhen must an applicant file a statement regarding property rights in an invention with the USPTO if the invention appears to have significant utility in the conduct of aeronautical and space activities?
If an invention appears to the USPTO Director to have significant utility in the conduct of aeronautical and space activities, the applicant must file a written statement with the USPTO Director with the patent application or within 30 days after request by the Director. The statement must be executed under oath setting forth the full…
Read MoreWhat should be done if inventorship changes after filing a property rights statement?
If inventorship changes after filing a property rights statement, MPEP 151 provides specific guidance: “If a request under 37 CFR 1.48 for correction of inventorship is granted during pendency of an application in which a property rights statement has been filed, a supplemental statement executed by any added inventor(s) is required and should promptly be…
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