What is the significance of the September 16, 2012 date for reissue applications regarding fraud and inequitable conduct?
The September 16, 2012 date is significant for reissue applications regarding fraud and inequitable conduct because it marks a change in the examination process. According to MPEP 1448: “Examination as to the lack of deceptive intent requirement in reissue applications filed before September 16, 2012 will continue but without any investigation of fraud, inequitable conduct,…
Read MoreWhat are the differences in assignee rights for applications filed before and after September 16, 2012?
The MPEP 106.01 highlights a key difference in assignee rights for patent applications filed before and after September 16, 2012: For applications filed before September 16, 2012: The assignee of record of the entire interest can intervene in the prosecution of an application or interference to the exclusion of the applicant. For applications filed on…
Read MoreWhat is the difference in priority claim requirements for applications filed before and after September 16, 2012?
The requirements for filing a foreign priority claim differ for applications filed before and after September 16, 2012. The key difference lies in where the priority claim must be presented: For applications filed on or after September 16, 2012: The priority claim must be presented in an Application Data Sheet (ADS). This is specified in…
Read MoreIs MPEP 409.03(g) applicable to all patent applications?
No, MPEP 409.03(g) is not applicable to all patent applications. As stated in the editor’s note at the beginning of the section: This MPEP section is not applicable to applications filed on or after September 16, 2012. This means that the guidance provided in MPEP 409.03(g) regarding proof of irreparable damage only applies to patent…
Read MoreWhat changed for patent applications filed on or after September 16, 2012?
The MPEP 409.03(g) section on proof of irreparable damage is not applicable to patent applications filed on or after September 16, 2012. This change is due to the implementation of the America Invents Act (AIA), which brought significant reforms to the U.S. patent system. Key changes include: Transition from a ‘first-to-invent’ to a ‘first-inventor-to-file’ system…
Read MoreHow can an applicant or patent owner revoke a power of attorney in a patent application filed on or after September 16, 2012?
An applicant or patent owner can revoke a power of attorney in a patent application filed on or after September 16, 2012 by following these steps: Submit a revocation signed by the applicant or patent owner Include a new power of attorney signed by the applicant or patent owner According to MPEP 601.03(a): “The revocation…
Read MoreWhat is the significance of the September 16, 2012 date in patent applications involving deceased inventors?
The date September 16, 2012, is significant in patent applications involving deceased inventors because it marks a change in the applicable regulations. The MPEP section 409.03(c) states: [Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.] This means: For applications filed before September 16, 2012: The procedures…
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