What is the significance of the September 16, 2012 date in patent applications involving deceased inventors?
The date September 16, 2012, is significant in patent applications involving deceased inventors because it marks a change in the applicable regulations. The MPEP section 409.03(c) states:
[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]
This means:
- For applications filed before September 16, 2012: The procedures outlined in pre-AIA 37 CFR 1.47 apply when dealing with unavailable legal representatives of deceased inventors.
- For applications filed on or after September 16, 2012: Different regulations and procedures apply, which are not covered in this specific MPEP section.
This date coincides with the implementation of the America Invents Act (AIA), which brought significant changes to U.S. patent law. Patent applicants and attorneys should be aware of these changes and apply the appropriate procedures based on their application’s filing date.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure