An applicant may give a power of attorney to one or more patent practitioners or one or more joint inventors. A power of attorney to a joint inventor will be recognized even though the one to whom it is given is not a registered practitioner. See 37 CFR 1.31 and 37 CFR 1.32(c)(1). Powers of attorney naming firms of attorneys or agents filed in ...
Jul 01, 2020 · Chapter 500 - PDF Receipt and Handling of Mail and Papers. Chapter 600 - PDF Parts, Form, and Content of Application. Chapter 700 - PDF Examination of Applications. Chapter 800 - PDF Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting. Chapter 900 - PDF Prior Art, Classification, and Search.
1.36 Revocation of power of attorney; withdrawal of patent attorney or agent. 1.36 (pre-AIA) Revocation of power of attorney; withdrawal of patent attorney or agent. WHO MAY APPLY FOR A PATENT 1.41 Inventorship. 1.41 (pre-AIA) Applicant for patent. 1.42 Applicant for patent. 1.42 (pre-AIA) When the inventor is dead. 1.43 Application for patent ...
Jun 25, 2020 · Pursuant to 37 CFR 1.33(b)(3), unless otherwise specified (e.g., terminal disclaimers and 37 CFR 3.73(c) statements; see MPEP § 325), all papers submitted on behalf of a juristic entity must be signed by a patent practitioner, as 37 CFR 1.31 provides that a juristic entity may prosecute a patent application only through a patent practitioner.
An applicant who is a juristic entity must be represented by a patent practitioner. An applicant for patent, other than a juristic entity (e.g., organizational assignee), may file and prosecute his or her own application, and thus act as his or her own representative (pro se ) before the Office. See 37 CFR 1.31.
The power of attorney must be signed by someone who is authorized to act on behalf of the assignee-applicant (i.e., a person with a title that carries apparent authority , or a person who includes a statement of authorization to act.).
An applicant may give a power of attorney to one or more patent practitioners or one or more joint inventors. A power of attorney to a joint inventor will be recognized even though the one to whom it is given is not a registered practitioner. See 37 CFR 1.31 and 37 CFR 1.32(c)(1).
A power of attorney may be revoked only by the applicant or patent owner. An assignee who is not the applicant may revoke a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c) (which requires compliance with 37 CFR 3.71 and 3.73).
1.130 Affidavit or declaration of attribution or prior public disclosure under the Leahy-Smith America Invents Act. 1.131 Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art. 1.132 Affidavits or declarations traversing rejections or objections.
If an application is identified in the file contents of another application, but not the published patent application or patent itself, a granted petition for access (see paragraph (i)) or a power to inspect (see paragraph (c) of this section) is necessary to obtain the application, or a copy of the application.
Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, ho wever, if photographs are the only practicable medium for illustrating the claimed invention.
1. The first time a reply is received directly from applicant, include this paragraph in the Office action and send a copy of the action to the applicant. See MPEP §§ 403 and 714.01 . 2. Should applicant file additional replies, do not send copies of subsequent Office actions to the applicant. 3.
With Customer Number practice, a patentee is also able to designate a "fee address" for the receipt of maintenance fee correspondence, and a different address for the receipt of all other correspondence. The designation of a "fee address" by reference to a Customer Number will not affect or be affected by the designation ...
Although Customer Numbers are designed to designate both a correspondence address and to associate one or more patent practitioners with an application, one Customer Number may be used for the correspondence address, and another Customer Number may be used for the power of attorney.
A law firm should promptly remove any practitioner who leaves the firm from the list of practitioners associated with any Customer Number used by the law firm, so that the practitioner will not have access to the applications associated with the Customer Number.
Similarly, a practitioner who has a Patent Electronic System account should remove sponsorship of any support staff individual when that individual leaves the firm so that the support staff individual will not have access to any applications associated with any Customer Number linked to the practitioner.
A practitioner leaving a law firm can also remove themselves from any Customer Number used by the law firm. In order to continue representing an applicant who had appointed the practitioners associated with the Customer Number of a law firm, a practitioner leaving the law firm must obtain a new power of attorney.