Can a corporation file a patent application under pre-AIA 37 CFR 1.47(b)?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, a corporation can file a patent application under pre-AIA 37 CFR 1.47(b). The MPEP explicitly states that “Where a corporation is the pre-AIA 37 CFR 1.47(b) applicant, an officer (President, Vice-President, Secretary, Treasurer, or Chief Executive Officer) thereof should normally sign the necessary oath or declaration.”

Additionally, “A corporation may authorize any person, including an attorney or agent registered to practice before the U.S. Patent and Trademark Office, to sign the application oath or declaration on its behalf.” However, proper authorization or proof of authority may be required in such cases.

Topics: MPEP 400 - Representative of Applicant or Owner Patent Law Patent Procedure
Tags: corporate officers, Corporation, pre-AIA