What is a USPTO deposit account and how can I establish one?
A USPTO deposit account is a convenient method for attorneys and the general public to pay fees and order services from the U.S. Patent and Trademark Office. To establish a deposit account: Pay the fee for establishing a deposit account as per 37 CFR 1.21(b)(1) Make a minimum deposit of $1,000 for general use Alternatively,…
Read MoreWhat evidence is needed to support a petition to expunge an improper assignment?
To support a petition to expunge an improperly recorded assignment, you should provide evidence that clearly demonstrates the assignment is incorrect. This may include: Affidavits or declarations from relevant parties Documentation showing true ownership Evidence of fraud or mistake in the recording MPEP 323.01(c) states: ‘The petition should be accompanied by clear and convincing evidence…
Read MoreHow does an examiner communicate minor drawing changes to the applicant?
According to MPEP 608.02(w), when an application is ready for issue except for a slight defect in the drawing, the examiner will communicate the necessary changes to the applicant as follows: Prepare a letter to the applicant indicating the change to be made May include a marked-up copy of the drawing showing the addition or…
Read MoreAre there exceptions to the requirement for all applicants to sign power of attorney documents?
Yes, there are exceptions to the requirement for all applicants to sign power of attorney documents. The MPEP provides one specific exception: “In an application filed under pre-AIA 37 CFR 1.47(a), an assignee of the entire interest of the available inventors (i.e., the applicant) who has signed the declaration may appoint or revoke a power…
Read MoreWhat is the process for expunging assignment records at the USPTO?
The process for expunging assignment records at the USPTO involves: Submitting a petition under 37 CFR 1.59 to expunge the assignment record Providing clear evidence that the document was submitted by mistake or is of improper character Paying the required petition fee As stated in MPEP 323.01(d): ‘The USPTO will not expunge any assignment records…
Read MoreCan assignment records be expunged after issuance of a patent?
Yes, assignment records can be expunged even after a patent has been issued. The MPEP 323.01(d) states: ‘Expungement of any assignment records will be handled in accordance with 37 CFR 1.4(g). This may include expungement of documents recorded prior to, during, or after, prosecution of the application that matured into the patent.’ This means that…
Read MoreCan assignment records be expunged after they have been recorded by the USPTO?
Yes, assignment records can be expunged after they have been recorded by the USPTO, but only through a specific petition process. According to MPEP 323.01(d): ‘The USPTO will not expunge any assignment records that have been recorded absent a petition pursuant to 37 CFR 1.59.’ This means that once an assignment record has been officially…
Read MoreWhat is the process for expunging assignment records?
Expungement of assignment records is a rare and complex process. According to MPEP 323.01(d), petitions to expunge assignment records are granted only under specific conditions: Normal corrective procedures (outlined in MPEP § 323.01(a) through § 323.01(c)) are inadequate for providing relief. The integrity of the assignment records will not be affected by granting the petition.…
Read MoreWhat are the requirements for facsimile submission of assignment documents to the USPTO?
What are the requirements for facsimile submission of assignment documents to the USPTO? The USPTO has specific requirements for facsimile submission of assignment documents: The facsimile must be legible and complete. The document should be submitted to the Assignment Recordation Branch at the designated fax number. A cover sheet must accompany the submission, stating the…
Read MoreCan a power of attorney be filed after the patent application is submitted to the USPTO?
Can a power of attorney be filed after the patent application is submitted to the USPTO? Yes, a power of attorney can be filed after the patent application is submitted to the USPTO. The MPEP 601.02 states: “A power of attorney may be filed in a provisional application, a nonprovisional application, a reexamination proceeding, or…
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