M.P.E.P. 400 Representative of Inventor or Owner Flashcards
1
2
How do you get the authority to work on behalf of a client?
Power of Attorney.
What is Power of Attorney and who needs to sign?
- Signed by inventor or owner.
- Intended to invest power into individuals.
**You cannot list more than 10 individual names (or not accepted)
What do you do if 10+ attorneys?
You have to provide a list attached and select 10.
List a Customer Number.
**Don’t do both
Customer Number
Associated number with a firm, part of firm, in house, individualized
Can the given applicants have different attorneys?
They can but not allowed without a petition saying you are prepared to have more than 1 attorney.
What can a practitioner not do?
- sign written assent of the assignee to file a reissue,
- make any oaths or declarations that the inventors or applicants are required to make,
OR - Provide any declarations of facts not within his or her personal knowledge.
How to get rid of the POA?
Revoke
How to revoke?
Send a letter in to PTO.
When is revoking representation effective?
When the letter hits the mailroom or submitted electronically
How do remove yourself?
Withdrawal
Reason for Withdrawal
You can withdraw for a non-paying client.
When is Withdrawal effective?
When it is granted by the office.
MUST give REASONABLE time to client depending on their circumstances.
How to effectively Withdrawal?
- Given reasonable notice to the client, prior to the expiration of the reply period, that the practitioner intends to withdraw from employment;
- Deliver to the client or a duly authorized representative of the client all papers and property ($) to which the client is entitled;
AND - Notify the client of any replies that may be due and the time frame within which the client must respond.
Scope of Power of Attorney
You have the authority to act upon instruction.
You have to discuss and get specific approval.
What if your client is missing?
File a petition of Cessation of Prosecution and give a reason.
Two rules about representation:
What is in the application to be able to represent.
Can’t purposely delay.
Can you submit something that you know have a mistake?
No
Death, Unavailability or Insanity of the Inventor
Rule 1.43
Look for representative for answers.
Hostile Inventor
Rule 1.45-6
You hopefully have an assignment/or obligation/proprietary interest:
- The other inventors can sign on behalf of the non-signing inventor.
- An Assignee can file a Substitute Statement.
- 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.
Rights of Assignee
- Right to revoke and grant the power of attorney to other attorneys.
- Can exclude inventor from access to the file.
- Must establish title or refer to a recorded assignment.
For an exclusive licensee to take action, what must they prove?
Establish title or refer to a recorded assignment.
How can an inventor remove an attorney?
They can file papers revoking and appointing the new.
The inventor has file a petition giving good and sufficient reasons for acceptance.
The fee.
Agents and attorneys are appointed by _________
Power of Attorney
