New Stuff May 13 2014 Flashcards
37 CFR 1.34
The question states: An amendment in an unassigned nonprovisional application seeks to cancel claims so that fewer than all of the currently named inventors are the actual inventors of the invention being claimed. The amendment includes a request to delete the names of the persons who are not inventors. In accordance with proper USPTO rules and procedure, the request may be signed by which of the following?
(A) A registered practitioner not of record who acts in a representative capacity under 37 CFR 1.34.
(B) All of the applicants (37 CFR 1.41(b)) for patent.
(C) A registered practitioner of record appointed pursuant to 37 CFR 1.32(b).
(D) (B) and (C).
(E) (A), (B), and (C).
Answer (E) is the correct answer. Sections 1.48(b) and (d) indicate that a request to correct the inventorship must be signed by a party as set forth in 37 CFR 1.33(b). (A), (B), and (C) are provided for in 37 C.F.R. 1.33(b). Thus (E), the most inclusive answer, is correct.
Correcting Inventorship
A patent application was filed in the PTO on January 4, 1998. The entire interest in the application was assigned to an assignee who properly recorded the assignment in the PTO. However, one of the actual inventors was inadvertently and unintentionally omitted from the executed application declaration. Which of the following is not required to correct the inventorship?
Incorrect!
Explanation
SEE SECTION 201.03. Answer (a).
(A) A declaration by the assignee stating there is no deceptive intent on the part of the assignee.
(B) A fee.
(C) A statement by the omitted inventor which includes a statement of facts that the error was without any deceptive intent.
(D) An oath or declaration by each actual inventor.
(E) The written consent of the assignee.
CPA
It has been reported that an exam question involves a patent application that properly claims the benefit of a prior application EXCEPT when the prior application is a design, national stage, CPA, provisional, etc. The correct answer is a CPA.
Also, CPA can be fax but cannot use a certificate of transmission!
Deleting a benefit claim
It was reported that a number of questions involve deleting a benefit claim. In one question you had to realize that it was proper to file an RCE for this purpose. In another question, you had to realize the 4 months/16 months deadlines were exceeded, and that because the applicant removed the claim himself he cannot avail himself of adding the claim back as unintentionally delayed under 37 CFR 1.78(a)(3).
