Chapter 400 Flashcards
How can practitioners like patent agents or attorneys become “of record” in patent applications?
By having the inventors execute a power a attorney
The Patent Office does NOT recognize powers of attorney naming firms of attorneys or agents
The Patent Office does NOT communicate with practitioners who have been suspended or excluded form practice, unless he is the inventor himself
Who can file papers with the Patent Office?
patent practitioner of record
patent practitioner acting in a representative capacity
all of the applicants
an assignee of “record”
partial assignee if he has taken over prosecution of the application
What happens upon death of patent practitioner?
the power will be revoked or terminated by his death.
the examiner will correspond with the applicant or assignee who originally appointed the deceased patent practitioner
principal patent practitioner may NOT appoint a “substitute”
Can an application be filed if an inventor is dead, insane, legally incapacitated, or refuses to execute an application, or cannot be found?
An application may be made by someone other than the inventor
When 1 joint inventor cannot be located, an application be be made by the 1 joint inventor on behalf of the other joint inventor (with fees and petition)
Can a minor inventor execute an oath or declaration?
Yes. He may execute an oath or declaration as long as minor is competent to sign.
Legal representative is not required to execute an oath or declaration on minor’s behalf
Can employees of the Patent Office who are inventors permitted to sign an oath or declaration for a patent application?
The employees cannot sign an oath or declaration for a patent application during the period of their employment AND 1 year thereafter
