What types of evidence can be used to establish assignee ownership in pre-AIA applications?
What types of evidence can be used to establish assignee ownership in pre-AIA applications? For pre-AIA applications (filed before September 16, 2012), assignees can use various types of evidence to establish ownership, including: Assignment documents Corporate merger documentation Patent purchase agreements Court orders Joint research agreements The MPEP 324 states: “The submission establishing ownership must…
Read MoreWhat is the difference between an assignment and a 37 CFR 3.73(c) statement?
An assignment and a 37 CFR 3.73(c) statement serve different purposes in the patent application process: Assignment: This is the actual transfer of ownership rights from the inventor(s) to the assignee. 37 CFR 3.73(c) statement: This is a document filed with the USPTO to establish the assignee’s right to take action in a patent application.…
Read MoreCan multiple assignees take action in a patent application?
Can multiple assignees take action in a patent application? Yes, multiple assignees can take action in a patent application, but there are specific requirements they must meet. The MPEP 325 states: “Where multiple assignees are named in the statement under 37 CFR 3.73(c) and/or the Form PTO/AIA/96, and they are not named as joint owners…
Read MoreHow can I ensure my corrected assignment documents are considered timely submitted?
To ensure your corrected assignment documents are considered timely submitted, the USPTO provides two methods as outlined in MPEP 317.02: Use the certification procedure under 37 CFR 1.8 (see MPEP § 512) Use the “Priority Mail Express®” procedure under 37 CFR 1.10 (see MPEP § 513) The MPEP states: “The certification procedure under 37 CFR…
Read MoreWhat evidence is required to prove a filing delay due to a postal emergency?
To prove a filing delay due to a postal emergency, applicants must provide sufficient evidence. According to MPEP 511: The nature of the evidence required by the Office to establish that the paper was timely filed will depend upon the circumstances of the particular emergency and the nature of the filing. This evidence may include:…
Read MoreWhat evidence is required to prove an inventor’s refusal to sign a patent application?
What evidence is required to prove an inventor’s refusal to sign a patent application? When an inventor refuses to sign a patent application, specific evidence is required to proceed without their signature. The MPEP 409.03(d) outlines the necessary proof: ‘Where refusal of the inventor to sign the application papers is the reason for filing under…
Read MoreAre there any exceptions to the communication ban with suspended or excluded practitioners?
Yes, there is one exception to the communication ban. According to MPEP 105, USPTO employees may communicate with a suspended or excluded practitioner “unless it is one in which said attorney or agent is an inventor or the applicant.” This means that if the suspended or excluded practitioner is listed as an inventor or is…
Read MoreIs it possible to expunge assignment records at the USPTO?
Expungement of assignment records at the USPTO is extremely rare and does not result in the complete removal of a document from the assignment records. According to MPEP 323.01(d), petitions to expunge assignment records are granted only if the petitioner can prove: The normal corrective procedures outlined in MPEP § 323.01(a) through § 323.01(c) will…
Read MoreHow should a Continued Prosecution Application (CPA) be filed by facsimile?
Filing a Continued Prosecution Application (CPA) by facsimile requires specific procedures, as outlined in MPEP 502.01: CPAs are only available for design applications. The CPA must be sent to the central facsimile number: (571) 273-8300. An authorization to charge the basic filing fee to a deposit account or credit card must be included, or the…
Read MoreCan a patent attorney or agent not of record file papers in patent applications?
Yes, registered attorneys or agents not of record can file papers in patent applications and reexamination proceedings under 37 CFR 1.34. The MPEP states: Filing of such papers is considered to be a representation that the attorney or agent is authorized to act in a representative capacity on behalf of applicant. This means that by…
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