37 CFR 3.73 - Establishing right of assignee to take action
| Cite as | 37 CFR 3.73 |
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96 practice notes
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Patent cases: Patent business goals; implementation,
...client (a potential assignee) take actions allowed an assignee, such as filing a reissue application under 37 CFR 1.172 and submitting a 37 CFR 3.73 statement establishing the right of an assignee to take Assuming the above-noted change to 37 CFR 1.34(b) is made, how should an attempt by th......
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Changes To Implement the Inventor's Oath or Declaration Provisions of the Leahy-Smith America Invents Act
...change the correspondence address after a patent has issued; (4) accepting the signature of a practitioner of record on a statement under 37 CFR 3.73(c) on behalf of an assignee without requiring further evidence of the practitioner's authority to act on behalf of the assignee; (5) providin......
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Changes To Implement the Supplemental Examination Provisions of the Leahy-Smith America Invents Act and To Revise Reexamination Fees
...the right, title, and interest therein is held by more than one assignee, each partial assignee must provide a submission under former 37 CFR 3.73(b). In each submission, the extent of each assignee's interest must be set forth so that the Office can determine whether it has obtained action......
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Changes To Implement the Inventor's Oath or Declaration Provisions of the Leahy-Smith America Invents Act
...to change the correspondence address after a patent has issued; accepting the signature of a practitioner of record on a statement under 37 CFR 3.73(b) on behalf of an assignee without requiring further evidence of the practitioner's authority to act on behalf of the assignee; providing a p......
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53 cases
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Tube-Mac Indus., Inc. v. Campbell, 2:19-cv-01192-RJC
...only to the undersigned according to the UPSTO assignment records or assignments documents attached to this form in accordance with 37 CFR 3.73(c).Page 25 Opp'n Ex. A at 1, ECF No. 60. 37 C.F.R. § 3.73 provides the way in which an assignee, in this case Tranzgaz, may take action before the ......
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Tube-Mac Indus., Inc. v. Campbell, 2:19-cv-01192-RJC
...only to the undersigned according to the UPSTO assignment records or assignments documents attached to this form in accordance with 37 CFR 3.73(c).Page 25 Opp'n Ex. A at 1, ECF No. 60. 37 C.F.R. § 3.73 provides the way in which an assignee, in this case Tranzgaz, may take action before the ......
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Siegler v. Sorrento Therapeutics, Inc., Case No. 3:18-cv-01681-GPC-NLS
...RWMC took an affirmative act with respect to enforcing the '118 patent against her when it filed for an "Assignee Showing of Ownership per 37 CFR 3.73" form for the '370 application. (ECF No. 113, at 25). This argument is without merit. Requesting assignee status under 37 C.F.R. § 3.73, wit......
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Mayfair Wireless LLC v. Celico P'ship, Civil Action No. 11-772-SLR-SRF
...establish its ownership rights by providing documentary evidence of the chain of title to the satisfaction of the director of the PTO. 37 C.F.R. § 3.73(b); MPEP § 324. In the present matter, the patent issued to Technology Alternatives as patentee, giving rise to a presumption that Technolo......
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10 firm's commentaries
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Rules Changes Implementing the Inventor's Oath or Declaration Provisions of the AIA
...the correspondence address after a patent has issued; (4) accepting the signature of a practitioner of record on a statement under 37 C.F.R. § 3.73(c) on behalf of an assignee without requiring further evidence of the practitioner's authority to act on behalf of the (5) providing a procedur......
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Working With Inventors Post-AIA: Managing Inventor Challenges And Preventing Common Mistakes
...in mind that only a limited number of documents may be signed by a juristic entity. These include: a terminal disclaimer, statement under 37 CFR 3.73(c), power of attorney and a substitute Proper Assignments from Inventors Are Essential Proper assignment to an employer or assignee of patent......
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USPTO to Permit Assignees to File and Prosecute Patent Applications
...has been established must be include an ADS specifying the new applicant in the “Applicant” field and must comply with 37 CFR §§ 3.71 and 3.73. Inventor Oath/Declaration Still Even when an assignee has the right to make an application, an executed oath/declaration by each inventor must be p......
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USPTO To Permit Assignees To File And Prosecute Patent Applications
...established must be include an ADS specifying the new applicant in the "Applicant" field and must comply with 37 CFR §§ 3.71 and 3.73. Inventor Oath/Declaration Still Even when an assignee has the right to make an application, an executed oath/declaration by each inventor must be ......
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7 books & journal articles
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Trademark/Trade Dress Prosecution
...registration is valid against subsequent purchasers, as recordation provides prima facie evidence of execution of the assignment.6359. 37 C.F.R. §3.73(a). 60. 37 C.F.R. §3.73(b). 61. 37 C.F.R. §3.85. 62. 37 C.F.R. §3.73(b)(1). 63. 15 U.S.C. Trademark/Trade Dress Prosecution 243 b. Assignmen......
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Trademark Due Diligence
...Trademark Assignments: Change & Search Ownership, https://www.uspto.gov/trademark/trademark-assignments-change- search-ownership. 7. 37 C.F.R. § 3.73(c)(1)(i) (“In order to request or take action . . . an assignee who is not the original applicant must establish its ownership”). 8. Susser v......
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Charting Their Courses: Six IP Professionals Find Different Paths to Where They Are Today
...Inc., 939 F.2d 1574, 1580 (Fed. Cir. 1991). 2. See Ethicon, Inc. v. U.S. Surgical Corp., 135 F.3d 1456, 1465 (Fed. Cir. 1998). 3. See 37 C.F.R. § 3.73(a). 4. See 35 U.S.C. § 261 (“Applications for patent, patents, or any interest therein, shall be assignable in law by an instrument in writi......
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Changes to the Patent Laws
...wishes to grant and ile a power of attorney to prosecute an application, the assignee is required to proceed under 37 C.F.R. §§ 3.71 and 3.73 to establish ownership of the application. See Inventor’s Oath or Declaration, U.S. Patent & Trade‑ mark Office, www.uspto.gov/aia_implementation/faq......
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