37 CFR 1.48 - Correction of inventorship pursuant to 35 U.S.C. 116 or correction of the name or order of names in a patent application, other than a reissue application
| Cite as | 37 CFR 1.48 |
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48 practice notes
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Patent cases: Patent business goals; implementation,
...inform applicant(s) (e.g., through an attached Notice of Informal Application, PTO-152 ) that an oath or declaration is outstanding. 37 CFR 1.48(f)(1) would continue to provide that, in an application not including an executed oath or declaration, the submission of an executed oath or decla......
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Examination Guidelines for Implementing the First-Inventor-to-File Provisions of the Leahy-Smith America Invents Act
...inventor (pre-AIA 35 U.S.C. 102(f)) will be handled in a derivation proceeding under 35 U.S.C. 135, by a correction of inventorship under 37 CFR 1.48 to name the actual inventor, or under 35 U.S.C. \2\ 35 U.S.C. 101 (``whoever invents or discovers * * *, may obtain a patent therefor, subjec......
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Examination Guidelines for Implementing the First Inventor To File Provisions of the Leahy-Smith America Invents Act
...inventor (pre-AIA 35 U.S.C. 102(f)) will be handled in a derivation proceeding under 35 U.S.C. 135, by a correction of inventorship under 37 CFR 1.48 to name the actual inventor, or through a rejection under 35 U.S.C. 101\48\ and 35 U.S.C. AIA 35 U.S.C. 102(c) provides for common ownership ......
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Mas-Hamilton Group v. LaGard, Inc., No. CIV. A. 94-349.
...petition to correct inventorship with the Patent Office. LaGard's petition complied with the Patent Office's requirement set forth in 37 C.F.R. § 1.48(a)(1) inasmuch as it contained "a statement of facts verified by the original named inventor or inventors." Inventors Gartner and Phillips a......
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33 cases
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E-Z Bowz v. Professional Product Research Co., Inc., 00 Civ. 8670 (LTS) (GWG).
...to amend the application to name Slater as a co-inventor. See Petition and Fee to Correct and/or Add to Originally Named Inventor(s) (37 CFR 1.48(a) and/or(c)), dated March 20, 1997 ("Pet. to Add Inventor") (reproduced in `979 History). Apparently, Slater was omitted because Caven......
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Mas-Hamilton Group v. LaGard, Inc., No. CIV. A. 94-349.
...petition to correct inventorship with the Patent Office. LaGard's petition complied with the Patent Office's requirement set forth in 37 C.F.R. § 1.48(a)(1) inasmuch as it contained "a statement of facts verified by the original named inventor or inventors." Inventors Gartner and ......
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Perseptive Biosystems v. Pharmacia Biotech, No. CIV. A. 93-12237-PBS.
...256 concerns correcting inventorship of an issued patent. Stark v. Advanced Magnetics, Inc., 29 F.3d 1570, 1573 (Fed.Cir.1994); see also 37 C.F.R. § 1.48 (providing procedure in patent office for correction of inventorship in patent application); 37 C.F.R. § 1.324 (providing procedure in pa......
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Mass. Eye and Ear Infirmary v. Qlt Phototherap., No. 07-2615.
...116 permits the Patent and Trademark Office to correct inventorship in a patent application only with the consent of all parties)(citing 37 C.F.R. § 1.48); 35 U.S.C. § 256 (permitting the Patent 552 F.3d 65 and Trademark Office to correct inventorship of an issued patent with the consent of......
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6 firm's commentaries
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CVC Files Substantive Motion No. 3 (for Improper Inventorship) and Broad Opposes
...inventorship, particularly after enactment of the America Invents Act (see "The Disappearance of Deceptive Intent in S. 23") under 37 C.F.R. §§ 1.48, 1.324, and 41.121(a)(2). This motion contains 14 sets of declarations and other papers required for Broad to change inventorship in U.S. Pate......
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Broad Files Reply to CVC's Opposition to Broad's Contingent Motion to Correct Inventorship
...argument, that the Director and not the Board is empowered to correct inventorship. Authority Broad cites in this regard include 37 C.F.R. § 1.48(i) and § 1.324(d), as well as other interference decisions such as Flamm v. Vinogradov, Patent Int. No. 104,807, Paper No. 20 (B.P.A.I. Dec. 11, ......
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Working With Inventors Post-AIA: Managing Inventor Challenges And Preventing Common Mistakes
...and the continuing application is filed by a juristic entity.14 A power of attorney given by inventors remains in effect where (1) a 37 CFR 1.48 request in a pending application or (2) a continuing application adds an inventor, if the added inventor supplies a power consistent with the init......
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THE MIS-“CONCEPTION” OF BEING AN INVENTOR
...to any action brought after 6 years from the date that the patent issued. 1. 35 U.S.C. § 116 2. 35 U.S.C. § 256 3. 35 U.S.C. § 262 4. 37 C.F.R. § 1.48 (a) – (f) 5. 37 C.F.R. § 1.291 6. Fina Oil v. Ewen, 123 F.3d 1466, 1473 (Fed. Cir. 1997). 7. Coleman v. Dines, 754 F.2d 353, 359 (Fed. Cir. ......
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3 books & journal articles
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Evolutionary Tales: Times of the Best and Worst
...LLC v. CSR PLC, 771 F.3d 1336, 1342 (Fed. Cir. 2014). 14. Id. 15. Id. 16. 754 F.3d 940 (Fed. Cir. 2014). 17. Id. at 946. 18. See 37 C.F.R. § 1.48(a). 19. See id. § 1.48(b). 20. See Ian Y. Liu & Leslie A. McDonell, AIA Breathes Life into Inventorship Correction in PTO , BNA’s Pat. Trademark ......
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Righting Inventorship Wrongs?A Multijurisdictional Overview
...LLC v. CSR PLC, 771 F.3d 1336, 1342 (Fed. Cir. 2014). 14. Id. 15. Id. 16. 754 F.3d 940 (Fed. Cir. 2014). 17. Id. at 946. 18. See 37 C.F.R. § 1.48(a). 19. See id. § 1.48(b). 20. See Ian Y. Liu & Leslie A. McDonell, AIA Breathes Life into Inventorship Correction in PTO , BNA’s Pat. Trademark ......
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Patent Drawings
...●CHARACTER OF LINES, NUMBERS, AND LETTERS – 37 CFR 1.84(l) ●SHADING – 37 CFR 1.84(m) ●NUMBERS, LETTERS, AND REFERENCE CHARACTERS – 37 CFR 1.48(p) ●LEAD LINES – 37 CFR 1.84(q) ●NUMBERING OF SHEETS OF DRAWING – 37 CFR 1.84(t) ●NUMBERING OF VIEWS – 37 CFR 1.84(u) ●CORRECTIONS – 37 CFR 1.84(w) ......
1 forms
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Request for Correction in a Patent Application Relating to Inventorship or an Inventor Name, or Order of Names, Other than in a Reissue Application (37 CFR 1.48)-AIA/40
...CORRECTION IN A PATENT APPLICATION RELATING TO INVENTORSHIP OR AN INVENTOR NAME, OR ORDER OF NAMES, OTHER THAN IN A REISSUE APPLICATION (37 CFR 1.48) To: Application Number Filing First Named Inventor Art Unit Examiner Name Practitioner Docket Number Commissioner for Patents P.O. Box 1450 A......