MPEP 400

Question 1

Power to Inspect

Answer 1

only attorney/agent identified in papers filed prior to filing of power of attorney

Question 2

Revocation

Answer 2

an agent/attorney can be removed at any time for any reason unless they own part of the application

An assignee may revoke any power given by the original applicant

Question 3

Inventors and Agreement

Answer 3

All inventors must be on same page to revoke a power

if less then all agree a petition given good and sufficient reason (with a fee) will be needed for revocation

Question 4

Withdraw

Answer 4

reason for withdraw: unethical purposes, not being paid illegal acts

If application is pending are representative decides to step down then practitioners must

1. give reasonable notice to client of intention
2. delivered to client/representative all papers properly including funds that belong to client
3. Notify client o all replies that are pending and a time frame that client must respond

Note: if you do not withdraw properly you are responsible

Question 5

Rule 11.18 (b)

Answer 5

signature requirement not needed but an understanding of content is required

Question 6

When is withdraw effective

Answer 6

when it gets approved by the commissioner (not upon arrival)

Question 7

Power of Attorney

Answer 7

only given on instruction by client.

If you cannot reach your client you CANNOT act on their behalf.
Can file for a continuation but other than that nothing

Question 8

Death Unavailability of the Inventor
37 CFR 1.43

Answer 8

if inventor is dead, insane, or owtherwise leggally incapacitated, refuses to execute an applicaiton or cannot be found

an application may be made by someone else by filing substitute statement.

death of inventor terminates the power given by the person. New power must be obtained if the attorney or agent is to remain of record.
(unless representative owns part of the patent)

Question 9

Substitute Filing

Answer 9

may be submitted early on the filing or on a signed ADS identifying the inventors has been submittied

Question 10

Legal Representative
37 CFR 1.43

Answer 10

legal representative of an incapacitated or dead inventor may execute a substitute statement

proof of authority must be asserted for filing with residence and mailing address.

Question 11

Hostile Inventor
37 CFR 1.45, 1.46

Answer 11

oath or declaration can be signed on behalf of non-signing inventor by one of the other inventors

IF NO INVENTORS CAN SIGN- declaration may be executed and app can still be filled if a person/entity can demonstrate proprietary interest or to who investor has assigned (in writing)

Needs 1. proof of interest (e.g employment agreement or executed assignment)
2. substitute statement

Note: must be under obligation of assignment
if not then they have to additionally submit a petition and fee

Question 12

Dead, Incompetent or Hostile Before Filing

Answer 12

oath or substitute must be signed by new person or by co-inventor. If no co-inventor then someone having sufficient proprietary interest.

original oathor declaration must be signed

Question 13

Dead, Incompetent or Hostile After Filing

Answer 13

Need new Power of Attorney (unless they own part of it) OR Notice of Allowance given

Requirement for Supplemental Oath can be waived

Note: this does not matter as much

Question 14

Actions here statement must be verified (with Oath or declaration)

Answer 14

Retrocative Foreign Filing License (Rule 5.25)

Rule 131 (Antedating )

Rule 132 (Secondary Considerations, utility, operability)

Inventor’s Oath or Declaration (Rule 1.63 & 1.171)

Affidavit to disqualify patent, printed publication or other disclosure as prior art (AIA 35 USC 103 (b)(1), (2), Rule 1.130)

Note: Anything that you are correcting must be clarified that it was not done wrong the first time pruposefully

Question 15

Rights of Assignee

Answer 15

Assignee has the right to revoke power of attorney executed by inventor and grant power to another attorney

can exclude inventors from accessing file