37 CFR 1.31 - Applicant may be represented by one or more patent practitioners or joint inventors

Cite as37 CFR 1.31
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38 practice notes
  • Tube-Mac Indus., Inc. v. Campbell, 2:19-cv-01192-RJC
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • 20 Abril 2020
    ...evidence of assignment. The power of attorney relied upon by Plaintiffs further provides:This collection of information is required by 37 CFR 1.31, 1.32. and 1.33. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an appli......
  • Tube-Mac Indus., Inc. v. Campbell, 2:19-cv-01192-RJC
    • United States
    • U.S. District Court — Western District of Pennsylvania
    • 20 Abril 2020
    ...evidence of assignment. The power of attorney relied upon by Plaintiffs further provides:This collection of information is required by 37 CFR 1.31, 1.32. and 1.33. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an appli......
  • Augustine v. Department of Veterans Affairs, No. 04-3162.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 15 Noviembre 2005
    ...to represent clients in administrative proceedings. See, e.g., 5 C.F.R. § 1201.31(b) (2004) (Merit Systems Protection Board); 37 C.F.R. § 1.31 (2004) (Patent and Trademark Office); 29 C.F.R. § 18.34 (2004) (Department of Labor); 20 C.F.R. § 410.685(b) (2004) (certain claims before the Socia......
  • In re Queen's Univ. at Kingston, No. 2015–145.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 7 Marzo 2016
    ...applicant for patent ... may be represented by an attorney or agent authorized to practice before the Patent Office in patent cases.’ 37 CFR § 1.31.”) (citing Gibbons v. Ogden, 22 U.S. 1, 211, 9 Wheat. 1, 6 L.Ed. 23 (1824) (footnote omitted) (emphasis added)).In explaining its holding, the ......
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19 cases
  • Tube-Mac Indus., Inc. v. Campbell, 2:19-cv-01192-RJC
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • 20 Abril 2020
    ...evidence of assignment. The power of attorney relied upon by Plaintiffs further provides:This collection of information is required by 37 CFR 1.31, 1.32. and 1.33. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an appli......
  • Tube-Mac Indus., Inc. v. Campbell, 2:19-cv-01192-RJC
    • United States
    • U.S. District Court — Western District of Pennsylvania
    • 20 Abril 2020
    ...evidence of assignment. The power of attorney relied upon by Plaintiffs further provides:This collection of information is required by 37 CFR 1.31, 1.32. and 1.33. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an appli......
  • Augustine v. Department of Veterans Affairs, No. 04-3162.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 15 Noviembre 2005
    ...to represent clients in administrative proceedings. See, e.g., 5 C.F.R. § 1201.31(b) (2004) (Merit Systems Protection Board); 37 C.F.R. § 1.31 (2004) (Patent and Trademark Office); 29 C.F.R. § 18.34 (2004) (Department of Labor); 20 C.F.R. § 410.685(b) (2004) (certain claims before the Socia......
  • In re Queen's Univ. at Kingston, No. 2015–145.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 7 Marzo 2016
    ...applicant for patent ... may be represented by an attorney or agent authorized to practice before the Patent Office in patent cases.’ 37 CFR § 1.31.”) (citing Gibbons v. Ogden, 22 U.S. 1, 211, 9 Wheat. 1, 6 L.Ed. 23 (1824) (footnote omitted) (emphasis added)).In explaining its holding, the ......
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5 firm's commentaries
  • Working With Inventors Post-AIA: Managing Inventor Challenges And Preventing Common Mistakes
    • United States
    • Mondaq United States
    • 16 Abril 2014
    ...Inventor's Oath and Prioritized Examination, with a Nod to the New Derivation Proceedings and a Consideration of the New Fee Proposal. See 37 CFR 1.31. Bd. Of Trs. Of Leland Stanford Junior Univ. v. Roche Molecular Sys., Inc., 131 S.Ct. 2188 Michael Best & Friedrich Blog Post, May 25, 2......
  • USPTO to Permit Assignees to File and Prosecute Patent Applications
    • United States
    • JD Supra United States
    • 22 Agosto 2012
    ...the invention has been assigned, the power of attorney should be executed on behalf of the assignee, not by the inventors. Moreover, new 37 CFR § 1.31 requires “a juristic entity (e.g., organizational assignee)” to be represented by a patent practitioner. Thus, when an assignee is the appli......
  • USPTO To Permit Assignees To File And Prosecute Patent Applications
    • United States
    • Mondaq United States
    • 24 Agosto 2012
    ...the invention has been assigned, the power of attorney should be executed on behalf of the assignee, not by the inventors. Moreover, new 37 CFR § 1.31 requires "a juristic entity (e.g., organizational assignee)" to be represented by a patent practitioner. Thus, when an assignee is the appli......
  • USPTO’s AIA Final Rules Permit Assignee Filing, Late Inventor Declarations, and Simplify Other Requirements
    • United States
    • JD Supra United States
    • 14 Agosto 2012
    ...to the effect that permitting the person to file the application “is appropriate to preserve the rights of the parties.” Under new 37 CFR §§ 1.31, 1.32, and 1.33, if the assignee is the applicant, the assignee (rather than the inventor(s)) can and should execute a power of attorney designat......
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