uspto substitute assignment

37 CFR 1.64 implements the substitute statement provisions of 35 U.S.C. 115(d) and applies to applications filed on or after September 16, 2012.. 37 CFR 1.64(a) provides that an applicant under 37 CFR 1.43, 1.45 or 1.46 may execute a substitute statement in lieu of an oath or declaration under 37 CFR 1.63 if the inventor is deceased, is under a legal incapacity, has refused to execute the oath ...

306.01 Assignment of an Application Claiming the Benefits of a Provisional Application [R-07.2015] If an application which claims the benefit of the earlier filing date of a provisional application under 35 U.S.C. 119(e) includes only subject matter which formed a part of the provisional application, an assignment recorded against the provisional application will be effective in the later ...

SUBSTITUTE STATEMENT IN LIEU OF AN OATH OR DECLARATION FOR UTILITY OR DESIGN PATENT APPLICATION (35 U.S.C. 115(d) AND 37 CFR 1.64) ... [email protected]. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. If filing this completed form by mail, send to: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. ...

302.10-Electronic Submission of Assignment Documents; 303-Assignment Documents Not Endorsed on Pending Applications; 304‑305-[Reserved] 306-Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application. 306.01-Assignment of an Application Claiming the Benefits of a Provisional Application

Instructions for Form AIA/02. Substitute Statement in Lieu of an Oath or Declaration for Utility or Design Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64) This substitute statement form may be submitted only where the inventor for whom it is being submitted is deceased, legally incapacitated, cannot be found or reached after diligent ...

37 CFR 3.11 Documents which will be recorded. (a) Assignments of applications, patents, and registrations, and other documents relating to interests in patent applications and patents, accompanied by completed cover sheets as specified in § 3.28 and § 3.31 , will be recorded in the Office. Other documents, accompanied by completed cover ...

To satisfy the oath or declaration requirement, a Substitute Statement (USPTO form AIA/02) must be executed by someone authorized to do so. 37 C.F.R. 1.64 (a). Once you have all of the above elements, fulfilling the assignment requirements is as easy as uploading to the USPTO and recording the three separate assignments - living inventors ...

(a) An applicant under § 1.43, 1.45 or 1.46 may execute a substitute statement in lieu of an oath or declaration under § 1.63 if the inventor is deceased, is under a legal incapacity, has refused to execute the oath or declaration under § 1.63, or cannot be found or reached after diligent effort. (b) A substitute statement under this section must: (1) Comply with the requirements of § 1.63 ...

1. In Patent and Trademark Office publications and usage the part number is omitted from the numbers of §§ 1.1 to 1.352 and the numbers to the right of the decimal point correspond with the respective rule numbers. 2. For nomenclature changes to part 1, see 68 FR 14335, Mar. 25, 2003; 87 FR 68904, Nov. 17, 2022.

If so, the assignment must be recorded with the USPTO. Under Rule 1.64, in lieu of an oath or declaration, a substitute statement may be executed by the assignee (as the applicant) if the inventor is deceased, is under a legal incapacity, has refused to execute an oath or declaration, or cannot be located after diligent effort.

An assignment can then be subsequently executed and the USPTO notified as discussed above. Alternatively, other documentary evidence of ownership, such as an employment agreement, invention disclosure form, or other documentation, can be recorded with the USPTO in lieu of a signed assignment document. 37 CFR 1.46. Employment agreements may ...

Substitute or continuation-in-part applications require the recordation of a new assignment if they are to be issued to an assignee. ... One simply records a certificate of name change or other formal document with the USPTO, using the assignment recordation form. In foreign countries, name changes can be a real problem, and can cost anywhere ...

Who Can Sign a Substitute Statement? By Rick Neifeld, Neifeld IP Law, PC AIA PROVISIONS Section 4 of the AIA1 provided for a juristic entity to be the applicant for patent by amending 35 USC 118.2 This change expanded the assignee's right to seek a patent even against the inventor's wishes.3 PTO COMMENTS ON CORRESPONDING REGULATORY CHANGES

Substitute Statement Alternatives. A signed assignment may serve as a declaration if the assignment includes the information and statements required in 37 C.F.R. 1.63(a) and if a copy of the assignment is recorded in the USPTO's assignment database. A copy of an inventor's declaration from a prior application in a benefit chain may also ...

According to 37 CFR 1.64(a)(iii) an applicant who is the assignee or party to whom the inventor is under an obligation to assign, where the inventor is deceased, legally incapacitated, refuses to execute the oath or declaration, or cannot be found or reached after diligent effort may sign a substitute statement on behalf of an inventor.

Technically, the USPTO is charged with recording assignments and all other documents "affecting title to applications, patents and registrations," for the purpose of providing notice to interested parties. (37 CFR 3.11) So if the assignment is valid and legal, why take the additional step to record an assignment at the USPTO?

Select one. Enter name or number. This searchable database contains all recorded Patent Assignment information from August 1980 to the present. When the USPTO receives relevant information for its assignment database, the USPTO puts the information in the public record and does not verify the validity of the information. Recordation is a ...

Recording an assignment may be necessary to permit the assignee to "take action" in the patent application during prosecution and for the patent to issue in the name of the assignee. 37 CFR 1. ...

Substitute Statements. ... the information and statements required in 37 C.F.R. 1.63(a) and if a copy of the assignment is recorded in the USPTO's assignment database. A copy of an inventor's ...

To facilitate the transition to the new rules, the USPTO provides an exemplary declaration form, Form PTO/AIA/01, that can be found on its website. In the event a substitute statement is being filed in relation to one or more inventors, Form PTO/AIA/02 is provided on the USPTO website and may be used under the appropriate circumstances.

All assignments are processed through an image-based workflow management system called Assignment Center. Bibliographic data concerning the property (ies) and party (ies) involved in the transaction are transcribed from the manually scanned image by the USPTO or are entered by the requesting party at the time of submission through Assignment Center.