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21 Cards in this Set

  • Front
  • Back
Who has the duty of candor and good faith to disclose information to the patent office?
Everyone associated with the filing including inventor, attorney, and associated people has the duty
Duty does not extend to corporations
What is the definition of materiality?
Definition is crudely "but for"
The examiner would not have issued the patent unless he had known the invention
Rule 1.56(a)
What does Rule 1.56(a) say?
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
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?
Yes, it still must be submitted
Who can represent themselves before the Patent Office?
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
Must a practitioner personally sign every paper filed by an agent?
A practitioner must personally sign except those requiring signature of applicant (very few)
Can a practitioner execute a disclaimer or terminal disclaimer?
Yes, a practitioner can execute a disclaimer or terminal disclaimer
Who can revoke power of attorney? (MPEP 402.05)
Any party may for any reason
When is revocation effective?
The date it is received by the PTO
What is required to revoke the power of attorney? (MPEP 402.10)
A petition giving good and sufficient reason
Required fee
Not all inventors are required
What is required before a patent attorney or agent revokes power of attorney?
Must be filed with at least thirty days remaining before the last possible date for response
If a continuation is filed, what date determines the term of the patent if issued?
The original filing date of the patent
Term will be reduced
What does Rule 10.18(b) say?
Ethical requirements
Must papers used to establish facts be signed under oath?
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
Can a duly appointed agent or attorney appoint another agent or attorney to represent?
Yes, in such a case the patent office will communicate only with the associate attorney unless instructed to the contrary
What happens if the inventor is dead, insane, or otherwise legally incapacitated?
The application can be made on the original applicant's behalf
Unless a power remains given by a co-inventor, must a new power be obtained?
Yes, in case of death a new power must be obtained
Will a Notice of Allowance be granted even if a death occurs?
Yes, a Notice of Allowance will still be granted
When an inventor is unavailable or refuses to sign, can an oath or declaration be signed on behalf of the non-signing inventor?
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
Can a signing field by left blank by one of the inventors?
Yes, in this case, the application will be treated as having been completed by the other inventors on behalf of the non-signing inventor
Can the Assignee revoke power of attorney? What other rights do Assigneees have? (37 CFR 3.73)
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