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21 Cards in this Set
- Front
- Back
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Who has the duty of candor and good faith to disclose information to the patent office?
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Everyone associated with the filing including inventor, attorney, and associated people has the duty
Duty does not extend to corporations |
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What is the definition of materiality?
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Definition is crudely "but for"
The examiner would not have issued the patent unless he had known the invention Rule 1.56(a) |
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What does Rule 1.56(a) say?
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Describes materiality as information which:
1) Establishes a prima facie case of nonpatentability 2) Refutes or is inconsistent with a position taken by the applicant in opposing an argument for unpatentability advanced by the Patent Office |
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If prior art can be sworn back under Rule 1.131, must it be submitted if it has a prior art date before the earliest effective filing date?
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Yes, it still must be submitted
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Who can represent themselves before the Patent Office?
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Any inventors
One inventor to represent them all Registered Patent Attorney or Agents in good standing Only individuals, not firms, can be given power of attorney |
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Must a practitioner personally sign every paper filed by an agent?
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A practitioner must personally sign except those requiring signature of applicant (very few)
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Can a practitioner execute a disclaimer or terminal disclaimer?
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Yes, a practitioner can execute a disclaimer or terminal disclaimer
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Who can revoke power of attorney? (MPEP 402.05)
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Any party may for any reason
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When is revocation effective?
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The date it is received by the PTO
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What is required to revoke the power of attorney? (MPEP 402.10)
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A petition giving good and sufficient reason
Required fee Not all inventors are required |
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What is required before a patent attorney or agent revokes power of attorney?
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Must be filed with at least thirty days remaining before the last possible date for response
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If a continuation is filed, what date determines the term of the patent if issued?
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The original filing date of the patent
Term will be reduced |
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What does Rule 10.18(b) say?
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Ethical requirements
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Must papers used to establish facts be signed under oath?
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Papers which are signed by persons other than attorneys and purporting to establish facts no longer must be signed under oath or with declaration with some exceptions
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Can a duly appointed agent or attorney appoint another agent or attorney to represent?
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Yes, in such a case the patent office will communicate only with the associate attorney unless instructed to the contrary
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What happens if the inventor is dead, insane, or otherwise legally incapacitated?
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The application can be made on the original applicant's behalf
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Unless a power remains given by a co-inventor, must a new power be obtained?
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Yes, in case of death a new power must be obtained
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Will a Notice of Allowance be granted even if a death occurs?
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Yes, a Notice of Allowance will still be granted
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When an inventor is unavailable or refuses to sign, can an oath or declaration be signed on behalf of the non-signing inventor?
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Another inventor can sign
A person demonstrating proprietary interest An assigned party A petition and fee are required It must state the last known address of inventor A notice will be forwarded to the missing inventor |
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Can a signing field by left blank by one of the inventors?
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Yes, in this case, the application will be treated as having been completed by the other inventors on behalf of the non-signing inventor
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Can the Assignee revoke power of attorney? What other rights do Assigneees have? (37 CFR 3.73)
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Yes, they can revoke the power of attorney
They must establish title or refer to a recorded assignment They can exclude inventors from access to file |
