How does an assignee file a substitute statement when an inventor is unavailable?
An assignee can file a substitute statement when an inventor is unavailable or refuses to sign the oath or declaration. The process involves the following steps: Determine if the assignee has the right to make the application for patent as provided in 37 CFR 1.46. Prepare the substitute statement following the requirements of 37 CFR…
Read MoreWho can execute a substitute statement?
Several parties may execute a substitute statement under specific circumstances: The inventor’s legal representative under 37 CFR 1.43, if the inventor is deceased or legally incapacitated Other joint inventors under 37 CFR 1.45, if the inventor refuses to execute the oath or declaration or cannot be found An applicant under 37 CFR 1.46 who is…
Read MoreWhat are the requirements for oaths or declarations in continuing applications filed on or after September 16, 2012?
For continuing applications filed on or after September 16, 2012, the following requirements apply: A copy of an oath or declaration or substitute statement from the prior nonprovisional application can be used, provided it complies with 37 CFR 1.63 or 37 CFR 1.64. The oath or declaration must comply with 35 U.S.C. 115 and the…
Read MoreHow do I correct an error in an oath or declaration?
If you need to correct an error in an oath or declaration, the process depends on the nature of the error and when it’s discovered. According to MPEP 602: For minor typographical errors, you can submit a supplemental oath or declaration pointing out the error in the original. If the error is substantial, a new…
Read MoreWhat is the difference between a ‘corrective document’ and a ‘substitute statement’ for USPTO assignments?
The key differences between a ‘corrective document’ and a ‘substitute statement’ for USPTO assignments are: Corrective Document: Used to fix minor errors in the original recorded document. Substitute Statement: Replaces the entire original document when substantial changes are needed. According to MPEP 323: “Where errors were made in the execution of the original assignment document…
Read MoreCan I correct an error in a recorded USPTO assignment document without submitting a new assignment?
Yes, you can correct certain errors in a recorded USPTO assignment document without submitting a new assignment. The process depends on the type of error: For minor typographical errors, use a Corrective Cover Sheet. For more substantial errors, submit a Substitute Statement. MPEP 323 states: “The ‘corrective document’ or ‘substitute statement’ will not be recorded…
Read MoreHow does the USPTO handle errors in the execution of an original assignment document?
When errors are made in the execution of an original assignment document, the USPTO allows for the submission of a ‘substitute statement’ to correct these errors. According to MPEP 323: “Where errors were made in the execution of the original assignment document … a ‘substitute statement’ may be submitted for recordation.” The process involves: Preparing…
Read MoreHow can an application be filed when a joint inventor refuses to sign or cannot be reached?
For applications filed on or after September 16, 2012: The other joint inventor(s) may file the application on behalf of themselves and the non-signing inventor. A substitute statement can be filed in lieu of an oath or declaration for the non-signing inventor. As stated in MPEP § 409.02: “If a joint inventor refuses to join…
Read MoreWhat is a substitute statement and when can it be used in a patent application?
A substitute statement is a document that can be used in lieu of an inventor’s oath or declaration under certain circumstances. According to MPEP § 409.05, a substitute statement can be used when the inventor: Is deceased Is under a legal incapacity Cannot be found or reached after diligent effort Has refused to execute 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…
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