Mpep 400-500 + Ethics (Rule 10, 11)

Front 1

MPEP 400

Back 1

Representative of inventor and owner

Front 2

Power of attorney, how to designate

Back 2

Either list names or provide customer #
MPEP 402

Front 3

Revocation, who can, when is it effective

Back 3

MPEP 402.05
Effective on date received by the PTO
Assignee can revoke. If less than all inventors (owners?) want to revoke, then you need to give a reason. Then you have multiple representatives. (more on other card)

Front 4

Withdrawal

Back 4

MPEP 402.06

Front 5

Requirements for Withdrawl

Back 5

37 CFR 10.40
1) Reasonable notice
2) Deliver all papers
3) Notify of any replies due

Front 6

How is a patent office POA different from a regular POA

Back 6

Under the patent office, you can only act upon instructions from your client. Need your clients approval. Can't just have client say "do whatever you think is right"

Front 7

What should you do in the even of death, unavailability or insanity of the inventor?

Back 7

MPEP 409, 409.01, 409.02, 409.03
asignee or obligated asignee or entity of sufficient proprietary interest can file a "substitute statement" on behalf of the inventors

Front 8

What are the rights of an asignee?

Back 8

To exclude inventors, revoke PoA
37 CFR 3.71-3.73

Front 9

When do you need an oath or declaration
(Statement must be verified)

Back 9

retroactive foreign filing license (rule 5.25)
Rule 131 (antedating)
Rule 132 (Secondary considerations, utility, operability)
Inventor's oath or declaration (rule 1.63 & 1.171)
Affidavit to disqualify commonly owned patent as prior art (rule 1.130)

Front 10

When don't you need a statement to be verified (oath or declaration) ?

Back 10

Any translations
IDS statements
Substitute specification
Request for reexamination

Front 11

MPEP 500

Back 11

Receipt and Handling of Mail and Papers

Front 12

Exceptions for Facsimile

Back 12

MPEP 502.01, 502.02
1) New patent examination
2) Secrecy Order
3) Color drawings
4) anything that has to be certified
(PS Rule 1.53 (d) says that CPA application can be filed by facsimile)

Front 13

What is a certificate of transmission?

Back 13

Allows you to use sending time for deadlines. Otherwise the default is the PTO receiving time.

Front 14

Filing Date

Back 14

When an application is given a filing date, it is also given a serial number, which identifies it until issuance.
Filing receipt is not issued until the application is complete. / Fee and oath or declaration have been received.
MPEP 503

Front 15

What is required for a complete application?

Back 15

1. Specification containing a description
2. at least one claim (for regular, non-provi)
3. Any required drawings.

Front 16

MEPEP list of things that don't require a fee

Back 16

MPEP 509
Incl.
1) filing a protest
...
3) access issued, published and certain abandoned filed
...
7) Obtain a certificate of correction to correct a patent office mistake

Front 17

What does the filing fee consist of?

Back 17

1. Fee for filing, searching, and examination
2. surcharge for each independent claim in excess of three;
3. A surcharge for each claim (independent or dependent) in excess of 20
4. a surcharge if any multiple dependent claims are included
5. An application size fee if spec and drawings together are over 100 pages long ( increased, thereafter, in 50 page increments); and
6. A surcharge for late filing of oath or declaration or filing fee.

Front 18

Credit card, what to worry about

Back 18

"Credit card Payment form" if sent via fax or paper, otherwise may be in the public file!

Front 19

Small Entity

Back 19

MPEP 509.02
1) Independent inventor, who has no obligation to assign, grant, convey or license to someone who is not a small entity. If any inventor does, then all lose small entity status.
2) Nonprofit org or public accredited university (us or abroad)
3) Small business concern as defined by Small Business Administration (no more than 500 people)

SMALL ENTITY PAYS 1/2

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Micro entity pays...

Back 20

25%

Front 21

Exceptions for small entity / micro discounts

Back 21

1) Petition and processing fees
2) document supply fees
3) Certificate of Correction fees (if any)
4) Request for reexamination fees
5) International (PCT) fees.

Front 22

How do you use date deposited at post office instead of date received by USPTO?

Back 22

1. Express mail (No exceptions. Postal interruption get a break)
2. OR
A certificate of mailing.
but... Can't use for
1) New patent applications incl continuations, CIP, divisionals.
2) papers filed in an interference which are directed to be filed by hand
3) Agreements settling an interference
4) any PCT papers.

Front 23

MPEP Patent Office Rules Part 10

Back 23

Ethics

Front 24

Rat Rule

Back 24

Obligated to turn in unethical people

Front 25

Rule about legal and technical competence

Back 25

Up to you, entirely discretionary, but you should only cover things that you are competent to handle.
(10.77 rule)

Front 26

Fee splitting

Back 26

Prohibited unless you are buying their practice, otherwise no fee splitting with a practitioner who is not a partner or an associate.

Front 27

Who is your client?

Back 27

Whomever is paying you.

Front 28

Duties to the patent office

Back 28

Rule 10.24
-Can't submit anything untrue, or later find untrue
no submitting for improper purposes
no violating patent office rules or applicable laws
patent agents can't process trademarks

Front 29

Rule 11.18(b)

Back 29

Anyone who submits a signed paper certifies that:
1) true, or reasonably believed to be true
2) after reasonably inquiry under the circumstances the party believes that it
1> is not for an improper purpose,
2> it is warranted by existing law and
3> has sufficient factual support.