What is Form PTO/AIA/82 and how is it used for appointing a power of attorney?
Form PTO/AIA/82 is a USPTO form used by the applicant for patent to appoint one or more patent practitioners as power of attorney. This form consists of three parts: Part A (PTO/AIA/82A): A transmittal page used to identify the application to which the power of attorney is directed. It must be signed by a proper…
Read MoreCan I use forms other than the USPTO’s ADS form to submit application data?
Yes, the USPTO allows the use of certain alternative forms for submitting application data, as described in MPEP 601.05: Patent Law Treaty Model International Forms can be used to present priority or benefit claims, references to previously filed applications, and applicant information. The Patent Cooperation Treaty Request Form can be used in national stage applications…
Read MoreHow are fees calculated for multiple dependent claims?
Fees for multiple dependent claims are calculated differently from regular dependent claims. According to MPEP 608.01(n): A multiple dependent claim is considered to be that number of dependent claims to which it refers. Any claim depending from a multiple dependent claim is also considered as the number of dependent claims as referred to in the…
Read MoreIs there an official form for requesting correction of inventorship or inventor name?
Yes, the USPTO provides an official form for requesting correction of inventorship or inventor name. The MPEP states: The Office has a form PTO/AIA/40 to request correction in a patent application (other than a reissue application) relating to inventorship, an inventor name, or order of names. This form, PTO/AIA/40, can be used for various corrections…
Read MoreHow does an examiner acknowledge receipt of replacement drawing sheets?
Examiners have several methods to acknowledge the receipt of replacement drawing sheets: Using Form Paragraph 6.37 Using Form PTOL-324 Using the PTOL-326 Office Action Summary The MPEP 608.02(h) provides the following example of Form Paragraph 6.37: “The drawings were received on [1]. These drawings are [2].” In this form paragraph, the examiner would insert the…
Read MoreWhat are the differences in power of attorney requirements for applications filed before and after September 16, 2012?
There are significant differences in power of attorney requirements for patent applications filed before and after September 16, 2012. Key differences include: Signature Requirements: For applications filed on or after September 16, 2012, the power of attorney must be signed by the applicant for patent or the patent owner. For applications filed before September 16,…
Read MoreWhat forms are used for assignee revocation of power of attorney in pre-AIA applications?
For pre-AIA applications (filed before September 16, 2012), the MPEP mentions a specific form that can be used by assignees to revoke a power of attorney and appoint a new one: Form PTO/SB/80 may be used by an assignee of the entire interest of the applicant to revoke a power of attorney and appoint a…
Read MoreWhat steps must a practitioner take when terminating representation?
When terminating representation, a practitioner must take several steps to protect the client’s interests, as outlined in 37 CFR 11.116(d): Give reasonable notice to the client Allow time for the client to employ other counsel Surrender papers and property to which the client is entitled Refund any advance payment of fees or expenses that have…
Read MoreWhat forms do patent examiners use to communicate about replacement drawings?
Patent examiners have several forms at their disposal to communicate about replacement drawings: Form Paragraph 6.37: Used to acknowledge receipt of replacement drawing sheets. Form PTOL-324: Can be used instead of Form Paragraph 6.37 to provide explanations about drawing compliance. Form PTOL-326 (Office Action Summary): Includes a specific block for acknowledging replacement drawings. The MPEP…
Read MoreWhat forms can be used for submitting an inventor’s oath or declaration?
The United States Patent and Trademark Office (USPTO) provides several forms that can be used for submitting an inventor’s oath or declaration in patent applications filed on or after September 16, 2012. These forms are: Forms PTO/AIA/01 through PTO/AIA/11 These forms are designed to ensure that all required information and statements are included in the…
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