What 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 ยง 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…
Read MoreWhat address should be provided for an inventor who doesn’t execute the oath or declaration?
In cases where an inventor does not execute the oath or declaration, such as when a substitute statement is filed, the USPTO requires specific address information. According to MPEP 602.08(a): “In situations where an inventor does not execute the oath or declaration and the inventor is not deceased or legally incapacitated, such as in an…
Read MoreHow can a legal representative file a patent application for a deceased inventor?
How can a legal representative file a patent application for a deceased inventor? For patent applications filed on or after September 16, 2012, a legal representative can file a patent application for a deceased inventor by following these steps: Submit an Application Data Sheet (ADS) naming the deceased inventor Include a substitute statement in lieu…
Read MoreHow can a legal representative file a patent application for a deceased inventor after September 16, 2012?
How can a legal representative file a patent application for a deceased inventor after September 16, 2012? For patent applications filed on or after September 16, 2012, a legal representative can file an application for a deceased inventor by following these steps: File the application normally, listing the deceased inventor Submit an Application Data Sheet…
Read MoreWhen can a legal representative sign a substitute statement for a deceased inventor?
A legal representative can sign a substitute statement for a deceased inventor when they are authorized to act on behalf of the deceased inventor’s estate. This typically occurs when the inventor has passed away during the patent application process or before it began. According to MPEP 604: ‘A substitute statement may be made by the…
Read MoreHow does the MPEP address the issue of unavailable joint inventors for applications filed on or after September 16, 2012?
The Manual of Patent Examining Procedure (MPEP) addresses the issue of unavailable joint inventors for applications filed on or after September 16, 2012, in section 409.02. This section provides guidance on how to proceed when a joint inventor is unavailable or unwilling to participate in the patent application process. Key points from MPEP 409.02 include:…
Read MoreWhat happens to a patent application with multiple inventors if one inventor dies?
When a patent application has multiple inventors and one of them dies, the process for continuing the application depends on whether there’s a power of attorney in place. According to MPEP 409.01(a): When an application is being prosecuted by joint inventor-applicants without a joint inventor-applicant or patent practitioner having been granted a power of attorney,…
Read MoreWhat is an ‘obligated assignee’ in patent applications?
An ‘obligated assignee’ in patent applications refers to a person or entity who is under an obligation to assign the invention but has not yet executed an assignment. This concept is important in the context of MPEP 409.05, which states: An assignee or obligated assignee who is the applicant may execute a substitute statement under…
Read MoreCan a patent practitioner sign a substitute statement on behalf of a juristic entity?
According to MPEP 604, a patent practitioner cannot automatically sign a substitute statement on behalf of a juristic entity. The MPEP states: “Note: a power of attorney to a patent practitioner to prosecute a patent application executed by the juristic entity does not make that practitioner an official of the juristic entity or empower the…
Read More