Who can file a patent application under 35 U.S.C. 118?
According to 35 U.S.C. 118, the following parties can file a patent application: A person to whom the inventor has assigned the invention A person to whom the inventor is under an obligation to assign the invention A person who shows sufficient proprietary interest in the matter, acting as an agent for the inventor The…
Read MoreWhat options are available if an inventor refuses to sign a patent application?
For applications filed on or after September 16, 2012: An assignee or obligated assignee may file the application as the applicant A person who shows sufficient proprietary interest may file the application on behalf of and as agent for the inventor The applicant may file a substitute statement in lieu of an inventor’s oath or…
Read MoreWhat must an applicant with sufficient proprietary interest submit with their patent application?
An applicant who shows sufficient proprietary interest in the matter must submit a petition with their patent application, including: The fee set forth in § 1.17(g) A showing that the person has sufficient proprietary interest in the matter A statement that making the application for patent by this person on behalf of and as agent…
Read MoreWho can file a patent application as the applicant?
For applications filed on or after September 16, 2012, the following parties may file a patent application as the applicant: The inventor(s) An assignee to whom the inventor has assigned the invention An obligated assignee to whom the inventor is under an obligation to assign the invention A person who otherwise shows sufficient proprietary interest…
Read MoreHow can inventors and joint inventors file patent applications after September 16, 2012?
How can inventors and joint inventors file patent applications after September 16, 2012? For patent applications filed on or after September 16, 2012, inventors and joint inventors can file applications in the following ways: An inventor or joint inventor may file an application. A legal representative of a deceased or legally incapacitated inventor may file…
Read MoreWhat is the purpose of MPEP 409.03(f) – Proof of Proprietary Interest?
MPEP 409.03(f) – Proof of Proprietary Interest outlines the requirements for establishing proprietary interest in a patent application when an inventor refuses to execute an oath or declaration. The section states: ‘If an inventor refuses to execute an oath or declaration under 37 CFR 1.63, the party to whom the inventor has assigned or agreed…
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 can an applicant demonstrate proprietary interest when filing under pre-AIA 37 CFR 1.47(b)?
When filing under pre-AIA 37 CFR 1.47(b), the applicant must prove proprietary interest in the invention. MPEP 409.03(f) outlines three ways to demonstrate this: Show the invention has been assigned to the applicant Prove the inventor agreed in writing to assign the invention to the applicant Otherwise demonstrate sufficient proprietary interest To prove assignment, submit:…
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 MoreWhat is the significance of pre-AIA 35 U.S.C. 118 in relation to proprietary interest in patent applications?
Pre-AIA 35 U.S.C. 118 is significant in determining what constitutes a valid assignment or sufficient proprietary interest for filing a patent application. According to MPEP 409.03(f): “An assignment to a pre-AIA 37 CFR 1.47(b) applicant for the sole purpose of obtaining a filing date for a pre-AIA 37 CFR 1.47(b) application is not considered an…
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