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Editing MPEP 605
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==[[MPEP 605|605 Applicant]]== | ==[[MPEP 605|605 Applicant]]== | ||
<noinclude | <noinclude>__TOC__</noinclude> | ||
37 CFR 1.41. Applicant for patent. | |||
(a)A patent is applied for in the name or names of the actual | (a)A patent is applied for in the name or names of the actual | ||
inventor or inventors. | inventor or inventors. | ||
(1)The inventorship of a nonprovisional application is | |||
that inventorship set forth in the oath or declaration as prescribed | |||
by § 1.63, except as provided for in §§ 1.53(d)(4) and 1.63(d). If | |||
an oath or declaration as prescribed by § 1.63 is not filed during | |||
the pendency of a nonprovisional application, the inventorship is | |||
that inventorship set forth in the application papers filed pursuant | |||
to § 1.53(b), unless applicant files a paper, including the processing | |||
fee set forth in § 1.17(i), supplying or changing the name or | |||
names of the inventor or inventors. | |||
(2)The inventorship of a provisional application is that | |||
inventorship set forth in the cover sheet as prescribed by § | |||
1.51(c)(1). If a cover sheet as prescribed by § 1.51(c)(1) is not | |||
filed during the pendency of a provisional application, the inventorship | |||
is that inventorship set forth in the application papers filed | |||
pursuant to § 1.53(c), unless applicant files a paper including the | |||
processing fee set forth in § | |||
1.17(q), supplying or changing the | |||
name or names of the inventor or inventors. | |||
(3)In a nonprovisional application filed without an oath | |||
or declaration as prescribed by § 1.63 or a provisional application | |||
filed without a cover sheet as prescribed by § 1.51(c)(1), the | |||
name, residence, and citizenship of each person believed to be an | |||
actual inventor should be provided when the application papers | |||
pursuant to § 1.53(b) or § 1.53(c) are filed. | |||
(4)The inventorship of an international application entering | |||
the national stage under 35 | |||
U.S.C. 371 is that inventorship set | |||
forth in the international application, which includes any change | |||
effected under PCT Rule 92bis. See § 1.497(d) and (f) for filing an | |||
oath or declaration naming an inventive entity different from the | |||
inventive entity named in the international application, or if a | |||
change to the inventive entity has been effected under PCT Rule | |||
92bis subsequent to the execution of any declaration filed under | |||
PCT Rule 4.17(iv) (§ 1.48(f)(1) does not apply to an international | |||
application entering the national stage under 35 U.S.C. 371). | |||
(b)Unless the contrary is indicated the word “applicant” | |||
when used in these sections refers to the inventor or joint inventors | |||
who are applying for a patent, or to the person mentioned in | |||
§§ 1.42, 1.43 or 1.47 who is applying for a patent in place of the | |||
inventor. | |||
(c)Any person authorized by the applicant may physically | |||
or electronically deliver an application for patent to the Office on | |||
behalf of the inventor or inventors, but an oath or declaration for | |||
the application (§ 1.63) can only be made in accordance with § | |||
1.64. | |||
(d)A showing may be required from the person filing the | |||
application that the filing was authorized where such authorization | |||
comes into question. | |||
37 CFR 1.45. Joint inventors. | |||
(a) Joint inventors must apply for a patent jointly and each | |||
(a)Joint inventors must apply for a patent jointly and each | |||
must make the required oath or declaration; neither of them alone, | must make the required oath or declaration; neither of them alone, | ||
nor less than the entire number, can apply for a patent for an | nor less than the entire number, can apply for a patent for an | ||
invention invented by them jointly, except as provided in § 1.47. | invention invented by them jointly, except as provided in § 1.47. | ||
(b) Inventors may apply for a patent jointly even though | (b)Inventors may apply for a patent jointly even though | ||
(1)They did not physically work together or at the same | |||
time, | |||
(2)Each inventor did not make the same type or amount | |||
of contribution, or | |||
(3)Each inventor did not make a contribution to the subject | |||
matter of every claim of the application. | |||
(c) If multiple inventors are named in a nonprovisional | (c)If multiple inventors are named in a nonprovisional | ||
application, each named inventor must have made a contribution, | application, each named inventor must have made a contribution, | ||
individually or jointly, to the subject matter of at least one claim | individually or jointly, to the subject matter of at least one claim | ||
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35 | 35 | ||
U.S.C. 116. | U.S.C. 116. | ||
37 CFR 1.41 and 37 CFR 1.53 were amended effective | 37 CFR 1.41 and 37 CFR 1.53 were amended effective | ||
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====605.04(a) Applicant’s Signature and Name==== | ====605.04(a) Applicant’s Signature and Name==== | ||
37 CFR 1.64. Person making oath or declaration. | |||
(a) The oath or declaration (§ 1.63), including any supplemental | |||
(a)The oath or declaration (§ 1.63), including any supplemental | |||
oath or declaration (§ 1.67), must be made by all of the | oath or declaration (§ 1.67), must be made by all of the | ||
actual inventors except as provided for in §§ 1.42, 1.43, 1.47, or § | actual inventors except as provided for in §§ 1.42, 1.43, 1.47, or § | ||
1.67. | 1.67. | ||
(b) If the person making the oath or declaration or any supplemental | (b)If the person making the oath or declaration or any supplemental | ||
oath or declaration is not the inventor (§§ 1.42, 1.43, | oath or declaration is not the inventor (§§ 1.42, 1.43, | ||
1.47, or § 1.67), the oath or declaration shall state the relationship | 1.47, or § 1.67), the oath or declaration shall state the relationship | ||
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legal representative and the citizenship, residence, and mailing | legal representative and the citizenship, residence, and mailing | ||
address of the legal representative. | address of the legal representative. | ||
I.EXECUTION OF OATHS OR DECLARATIONS | |||
OF PATENT APPLICATIONS | |||
United States patent applications which have not | United States patent applications which have not | ||
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result in a loss of rights, it is appropriate to | result in a loss of rights, it is appropriate to | ||
emphasize the importance of proper execution and filing. | emphasize the importance of proper execution and filing. | ||
There is no requirement that a signature be made in | There is no requirement that a signature be made in | ||
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requirements for an international application before | requirements for an international application before | ||
the Patent and Trademark Office are set forth in | the Patent and Trademark Office are set forth in | ||
35 U.S.C. 371(c)(4) and 37 CFR 1.497. | 35 | ||
U.S.C. 371(c)(4) and 37 CFR 1.497. | |||
37 CFR 1.52(c)(1) states that “[a]ny interlineation, | 37 CFR 1.52(c)(1) states that “[a]ny interlineation, | ||
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to § 714.01(d). | to § 714.01(d). | ||
II.EXECUTION OF OATH OR DECLARATION | |||
ON BEHALF OF INVENTOR | |||
The oath or declaration required by 35 U.S.C. 115 | The oath or declaration required by 35 U.S.C. 115 | ||
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in the name of the inventor(s) will not be | in the name of the inventor(s) will not be | ||
entertained, unless accompanied by a petition under | entertained, unless accompanied by a petition under | ||
37 CFR 1.182 together with an appropriate petition | 37 | ||
CFR 1.182 together with an appropriate petition | |||
fee. Since amendments are not permitted after the | fee. Since amendments are not permitted after the | ||
payment of the issue fee (37 CFR 1.312), a petition | payment of the issue fee (37 CFR 1.312), a petition |