Who can be considered a ‘person’ 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.
Under pre-AIA 37 CFR 1.47(b), the term ‘person’ is broadly interpreted. The MPEP states that “The word ‘person’ has been construed by the U.S. Patent and Trademark Office to include juristic entities, such as a corporation.” This means that both individuals and legal entities can potentially file an application under this provision, provided they meet the other requirements.
Topics:
MPEP 400 - Representative of Applicant or Owner
Patent Law
Patent Procedure