Who can file an affidavit or declaration under 37 CFR 1.130?
According to MPEP 2155.05, “the applicant or patent owner may submit an affidavit or declaration” under 37 CFR 1.130. This means that the person or entity who filed the patent application or owns the patent has the authority to file such documents. However, there’s an important distinction when the applicant is not the inventor: “When…
Read MoreWho can be named as an inventor on a patent application?
According to the Manual of Patent Examining Procedure (MPEP), an inventor must be a natural person. The MPEP states: “35 U.S.C. 100(f) defines the term ‘inventor’ as the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.” This means that only individuals, not companies or…
Read MoreWho can apply for a patent term extension?
According to MPEP 2752, the patent term extension application must be submitted by the owner of record of the patent or its agent. Specifically, 35 U.S.C. 156(d)(1) states: “To obtain an extension of the term of a patent under this section, the owner of record of the patent or its agent shall submit an application…
Read MoreWho can appeal a decision in an inter partes reexamination proceeding to the Federal Circuit?
For inter partes reexamination proceedings commenced on or after November 2, 2002, both the patent owner and the third party requester can appeal a decision of the Patent Trial and Appeal Board (PTAB) to the U.S. Court of Appeals for the Federal Circuit. This is stated in MPEP 2683: “A patent owner and/or a third…
Read MoreWho assigns supplemental examination requests?
Supplemental examination requests are assigned to the Central Reexamination Unit (CRU). As stated in the MPEP, Supplemental examination requests will be assigned to the Central Reexamination Unit (CRU) in the same manner in which reexamination requests are assigned. This means that the CRU handles the assignment process for supplemental examination requests, similar to how they…
Read MoreWho is responsible for assigning supplemental examination requests to examiners?
Within the assigned art unit of the Central Reexamination Unit (CRU), the Supervisory Patent Examiner (SPE) is responsible for assigning supplemental examination requests to examiners. The MPEP states, In that art unit, the CRU Supervisory Patent Examiner (SPE) will assign the request to a primary examiner, other than the examiner who originally examined the patent…
Read MoreWho assigns reexamination requests in the USPTO?
Reexamination requests are typically assigned by the Supervisory Patent Reexamination Specialist (SPRS) in the Central Reexamination Unit (CRU). As stated in the MPEP, Except for reexamination requests for design patents, reexamination requests are assigned to the Central Reexamination Unit (CRU) art unit which examines the technology (Chemical, Electrical, Mechanical, etc.) in which the patent to…
Read MoreHow are “wherein” and “whereby” clauses interpreted in patent claims?
The interpretation of “wherein” and “whereby” clauses in patent claims depends on their specific context and effect on the claim. According to MPEP 2111.04: “The determination of whether each of these clauses is a limitation in a claim depends on the specific facts of the case.” For “wherein” clauses, they can be limiting if they…
Read MoreWhere should the copy of the reexamination request be served to the patent owner?
The copy of the reexamination request must be served to the patent owner’s official correspondence address. MPEP 2220 specifies: “The service must be made on the patent owner’s correspondence address as indicated in 37 CFR 1.33(c).“ This means that the third-party requester must send the copy of the request to the address that the USPTO…
Read MoreWhere can I file an international design application?
According to MPEP 2905, an international design application can be filed in two ways: Directly with the International Bureau Indirectly through the office of the applicant’s Contracting Party (if allowed) The MPEP states: “Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or…
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