M.P.E.P. 400 Representative of Inventor or Owner Flashcards

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1
Q

Only thing different from new and old law is

A

how the inventors express.

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2
Q

How do you get the authority?

A

Power of Attorney.

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3
Q

Power of Attorney

A
  1. Signed by inventor or owner.
  2. Intended to invest power into individuals.

**You cannot list more than 10 individual names (or not accepted)

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4
Q

What do you do if 10+ attorneys?

A

You have to provide a list attached and select 10.

List a Customer Number.

**Don’t do both

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5
Q

Customer Number

A

Associated number with a firm, part of firm, in house, individualized

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6
Q

Can the given applicants have different attorneys?

A

They can but not allowed without a petition saying you are prepared to have more than 1 attorney.

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7
Q

What can a practitioner not do?

A
  1. sign written assent of the assignee to file a reissue,
  2. make any oaths or declarations that the inventors or applicants are required to make,
    OR
  3. Provide any declarations of facts not within his or her personal knowledge.
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8
Q

How to get rid of the POA?

A

Revoke

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9
Q

How to revoke?

A

Send a letter in to PTO.

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10
Q

When is revoking representation effective?

A

When the letter hits the mailroom or submitted electronically

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11
Q

How do remove yourself?

A

Withdrawal

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12
Q

Reason for Withdrawal

A

You can withdraw for a non-paying client.

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13
Q

When is Withdrawal effective?

A

When it is granted by the office.

MUST give REASONABLE time to client depending on their circumstances.

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14
Q

How to effectively Withdrawal?

A
  1. Given reasonable notice to the client, prior to the expiration of the reply period, that the practitioner intends to withdraw from employment;
  2. Deliver to the client or a duly authorized representative of the client all papers and property ($) to which the client is entitled;
    AND
  3. Notify the client of any replies that may be due and the time frame within which the client must respond.
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15
Q

Scope of Power of Attorney

A

You have the authority to act upon instruction.

You have to discuss and get specific approval.

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16
Q

What if your client is missing?

A

File a petition of Cessation of Prosecution and give a reason.

17
Q

What about the patent do you have to know?

A

What is in the application to be able to represent.

Can’t purposely delay.

18
Q

Can you submit something that you know have a mistake?

A

No

19
Q

Death, Unavailability or Insanity of the Inventor

A

Rule 1.43

Look for representative for answers.

20
Q

Hostile Inventor

A

Rule 1.45-6

You hopefully have an assignment/or obligation/proprietary interest:

  1. The other inventors can sign on behalf of the non-signing inventor.
  2. An Assignee can file a Substitute Statement.
  3. A person or entity showing a sufficient proprietary (in writing) interest files a substitute statement, but must also file a PETITION, FEE, and PROOF of their interest.
21
Q

Rights of Assignee

A
  1. Right to revoke and grant the power of attorney to other attorneys.
  2. Can exclude inventor from access to the file.
  3. Must establish title or refer to a recorded assignment.
22
Q

For an exclusive licensee to take action, what must they prove?

A

Establish title or refer to a recorded assignment.

23
Q

How can an inventor remove an attorney?

A

They can file papers revoking and appointing the new.

The inventor has file a petition giving good and sufficient reasons for acceptance.

The fee.

24
Q

Agents and attorneys are appointed by _________

A

Power of Attorney

25
Q

The Patent Office will not grant a Petition to Withdraw from representation unless _______________.

A

Adequate notice has been given to the inventor/represented party.

26
Q

Under Rule 1.45, a coinventor may sign the oath or declaration on behalf of a_______________.

A

Missing, Hostile or Deceased inventor.

27
Q

Under Rule 1.46, On showing by a ______________ may also sign the oath or declaration on behalf of _______________________

A
  1. one with a sufficient proprietary interest.

2. Missing, Hostile or Deceased inventor.

28
Q

Death of the inventor ____________ the Power of Attorney

A

Terminates

29
Q

The “IFs” Rule requires anyone signing a paper believe that the paper is not _____________, is not _______________ and is ______________.

A
  1. Improper
  2. Frivolous
  3. Supported