Can multiple protests be submitted by different people representing the same real party in interest?
While multiple protests can be submitted, they cannot be used to circumvent the requirements for subsequent protests by the same real party in interest. The MPEP 1901.01 clearly states: “The requirements of 37 CFR 1.291(c)(5) cannot be avoided by multiple protests submitted by different people representing the same real party in interest.” This means that…
Read MoreCan a protest be submitted anonymously?
Yes, a protest can be submitted anonymously. The MPEP 1901.04 states: “The name of the real party in interest need not be submitted as part of the protest.” This provision allows individuals or entities to submit protests without revealing their identity. However, it’s important to note that while the protest itself can be anonymous, any…
Read MoreCan a protest be submitted anonymously to the USPTO?
Yes, a protest can be submitted anonymously to the USPTO. The MPEP 1901.03 explicitly states: “The protest may be submitted either with or without identification of the real party in interest.” This means that individuals or entities can file a protest without revealing their identity. However, it’s important to note that while anonymity is allowed,…
Read MoreWhat is the ‘real party in interest’ in a patent appeal brief?
The ‘real party in interest’ is a required component of a patent appeal brief, as specified in MPEP 1205.02. It refers to the actual entity that owns the rights to the patent application. According to the MPEP: “A statement identifying by name the real party in interest at the time the appeal brief is filed,…
Read MoreTo whom is a patent granted when filed by someone other than the inventor?
When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e): 35 U.S.C. 118 states: If the Director grants a patent on an application filed under this section by a…
Read MoreHow should applicants notify the USPTO of changes in the real party in interest?
Applicants other than the inventor must notify the USPTO of any change in the real party in interest as follows: Notification should be made no later than payment of the issue fee Changes can be indicated in Box 3 of the PTOL-85B form If no notification is provided, the USPTO will presume no change has…
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