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

Question 1

1

Answer 1

2

Question 2

How do you get the authority to work on behalf of a client?

Answer 2

Power of Attorney.

Question 3

What is Power of Attorney and who needs to sign?

Answer 3

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

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

Question 4

What do you do if 10+ attorneys?

Answer 4

You have to provide a list attached and select 10.

List a Customer Number.

**Don’t do both

Question 5

Customer Number

Answer 5

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

Question 6

Can the given applicants have different attorneys?

Answer 6

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

Question 7

What can a practitioner not do?

Answer 7

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.

Question 8

How to get rid of the POA?

Answer 8

Revoke

Question 9

How to revoke?

Answer 9

Send a letter in to PTO.

Question 10

When is revoking representation effective?

Answer 10

When the letter hits the mailroom or submitted electronically

Question 11

How do remove yourself?

Answer 11

Withdrawal

Question 12

Reason for Withdrawal

Answer 12

You can withdraw for a non-paying client.

Question 13

When is Withdrawal effective?

Answer 13

When it is granted by the office.

MUST give REASONABLE time to client depending on their circumstances.

Question 14

How to effectively Withdrawal?

Answer 14

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.

Question 15

Scope of Power of Attorney

Answer 15

You have the authority to act upon instruction.

You have to discuss and get specific approval.

Question 16

What if your client is missing?

Answer 16

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

Question 17

Two rules about representation:

Answer 17

What is in the application to be able to represent.

Can’t purposely delay.

Question 18

Can you submit something that you know have a mistake?

Answer 18

No

Question 19

Death, Unavailability or Insanity of the Inventor

Answer 19

Rule 1.43

Look for representative for answers.

Question 20

Hostile Inventor

Answer 20

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.

Question 21

Rights of Assignee

Answer 21

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.

Question 22

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

Answer 22

Establish title or refer to a recorded assignment.

Question 23

How can an inventor remove an attorney?

Answer 23

They can file papers revoking and appointing the new.

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

The fee.

Question 24

Agents and attorneys are appointed by _________

Answer 24

Power of Attorney

Question 25

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

Answer 25

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

Question 26

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

Answer 26

Missing, Hostile or Deceased inventor.

Question 27

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

Answer 27

1. one with a sufficient proprietary interest.

2. Missing, Hostile or Deceased inventor.

Question 28

Death of the inventor ____________ the Power of Attorney

Answer 28

Terminates

Question 29

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

Answer 29

1. Improper
2. Frivolous
3. Supported