How do I request deletion of a named inventor in a CPA for design applications?
To request deletion of a named inventor in a Continued Prosecution Application (CPA) for design applications, you need to file a proper request with the USPTO. According to MPEP § 201, specifically paragraph 2.32: In a continued prosecution application (CPA) for a design application (37 CFR 1.53(d)), a request to delete a named inventor from…
Read MoreHow is a ‘conditional’ request for a CPA treated by the USPTO?
According to MPEP ¶ 2.35, the USPTO treats ‘conditional’ requests for Continued Prosecution Applications (CPAs) as unconditional requests. The MPEP explicitly states: Any ‘conditional’ request for a CPA submitted as a separate paper is treated as an unconditional request for a CPA. This means that even if an applicant submits a CPA request with conditions…
Read MoreWhy doesn’t the USPTO send a filing receipt for a CPA?
The USPTO typically does not send a filing receipt for a Continued Prosecution Application (CPA). This practice is mentioned in MPEP ¶ 2.35, which states: This notice should be given, since applicant is not notified of the abandonment of the parent nor is a filing receipt normally sent for a CPA. The reason for this…
Read MoreHow is assignment information printed on a patent?
Assignment information printed on a patent follows these guidelines: Only the first appearing name of an assignee will be printed on the patent, even if multiple names for the same party are identified on the Fee(s) Transmittal form (PTOL-85B). This printing practice does not affect the recording of assignments with the USPTO’s Assignment Division. The…
Read MoreWhy are assignment documents not placed directly in patent application files?
Assignment documents are not placed directly in patent application files to ensure proper recording and maintenance of ownership records. MPEP 318 states: “Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.” This procedure serves several purposes: It centralizes the recording…
Read MoreWhat happens if the assignee’s name is not provided on the Fee(s) Transmittal form?
If the assignee’s name and address are not identified in item 3 of the Fee(s) Transmittal form (PTOL-85B), the following occurs: The patent will issue to the applicant instead of the assignee. Assignment data printed on the patent will be based solely on the information supplied on the PTOL-85B form. As stated in the MPEP:…
Read MoreWhat is the process for issuing a patent to a non-applicant assignee?
The process for issuing a patent to a non-applicant assignee involves the following steps: A request for issuance to the assignee must be submitted with the payment of the issue fee. The assignment must have been previously recorded in the USPTO or filed for recordation. If the request is submitted after the issue fee payment,…
Read MoreWhat happens if the assignment is not recorded before the issue fee payment?
If the assignment has not been recorded before the issue fee payment, the following applies: The request for issuance to the assignee must state that the assignment document has been filed for recordation. This statement should be made in accordance with 37 CFR 3.11. As stated in 37 CFR 3.81(a): If the assignment has not…
Read MoreWhat is the significance of keeping assignment documents separate from patent application files?
Keeping assignment documents separate from patent application files is significant for several reasons. MPEP 318 mandates this separation: “Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.” The significance of this practice includes: Maintaining clear distinction between technical content and…
Read MoreWhere should assignment documents be forwarded for recording?
MPEP 318 provides clear guidance on where assignment documents should be forwarded for recording. According to the manual: “Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.” This means that when submitting assignment documents, they should be sent to the…
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