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UNIFORM CERTIFICATE OF ATTENDANCE FOR CLE To be ...

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48826 Federal Register / Vol. 77, No. 157 / Tuesday, August 14, 2012 / Rules and Regulationsexists) the Office may refuse to acceptthe submission as an establishment ofownership unless:(i) Each assignee establishes theextent (by percentage) of its ownershipinterest, so as to account for the entireright, title and interest in theapplication or patent by all partiesincluding inventors; or(ii) Each assignee submits a statementidentifying the parties includinginventors who together own the entireright, title and interest and stating thatall the identified parties own the entireright, title and interest.(3) If two or more purported assigneesfile conflicting statements underparagraph (c)(1) of this section, theDirector will determine which, if any,purported assignee will <strong>be</strong> permitted tocontrol prosecution of the application.(d) The submission establishingownership under paragraph (b) or (c) ofthis section must show that the personsigning the submission is a personauthorized to act on <strong>be</strong>half of theassignee by:(1) Including a statement that theperson signing the submission isauthorized to act on <strong>be</strong>half of theassignee;(2) Being signed by a person havingapparent authority to sign on <strong>be</strong>half ofthe assignee; or(3) For patent matters only, <strong>be</strong>ingsigned by a practitioner of record.PART 5—SECRECY <strong>OF</strong> CERTAININVENTIONS AND LICENSES TOEXPORT AND FILE APPLICATIONS IN<strong>FOR</strong>EIGN COUNTRIES■ 66. The authority citation for 37 CFRpart 5 continues to read as follows:Authority: 35 U.S.C. 2(b)(2), 41, 181–188,as amended by the Patent Law Foreign FilingAmendments Act of 1988, Pub. L. 100–418,102 Stat. 1567; the Arms Export Control Act,as amended, 22 U.S.C. 2751 et seq.; theAtomic Energy Act of 1954, as amended, 42U.S.C. 2011 et seq.; the Nuclear NonProliferation Act of 1978, 22 U.S.C. 3201 etseq.; and the delegations in the regulationsunder these Acts to the Director (15 CFR370.10(j), 22 CFR 125.04, and 10 CFR 810.7).■ 67. Section 5.25 is amended byrevising paragraphs (a)(3)(iii) and (b) toread as follows:§ 5.25 Petition for retroactive license.(a) * * *(3) * * *(iii) An explanation of why thematerial was filed abroad through errorwithout the required license under§ 5.11 first having <strong>be</strong>en obtained, and* * * * *(b) The explanation in paragraph (a)of this section must include a showingof facts rather than a mere allegation ofaction through error. The showing offacts as to the nature of the error shouldinclude statements by those personshaving personal knowledge of the actsregarding filing in a foreign country andshould <strong>be</strong> accompanied by copies of anynecessary supporting documents suchas letters of transmittal or instructionsfor filing. The acts which are alleged toconstitute error should cover the periodleading up to and including each of theproscri<strong>be</strong>d foreign filings.* * * * *PART 10—REPRESENTATION <strong>OF</strong>OTHERS BE<strong>FOR</strong>E THE PATENT ANDTRADEMARK <strong>OF</strong>FICE■ 68. The authority citation for 37 CFRpart 10 continues to read as follows:Authority: 5 U.S.C. 500, 15 U.S.C. 1123;35 U.S.C. 2(b)(2), 31, 32, 41.■ 69. Section 10.23 is amended byremoving and reserving paragraph(c)(11).§ 10.23 Misconduct.* * * * *(c) * * *(11) [Reserved]* * * * *PART 41—PRACTICE BE<strong>FOR</strong>E THEBOARD <strong>OF</strong> PATENT APPEALS ANDINTERFERENCES■ 70. The authority citation for 37 CFRpart 41 continues to read as follows:Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21,23, 32, 41, 132, 133, 134, 135, 306, and 315.■ 71. Section 41.9 is amended byrevising paragraph (a) to read as follows:§ 41.9 Action by owner.(a) Entire interest. An owner of theentire interest in an application orpatent involved in a Board proceedingmay act in the proceeding to theexclusion of the inventor (see §§ 3.71and 3.73 of this title).* * * * *Dated: July 17, 2012.David J. Kappos,Under Secretary of Commerce for IntellectualProperty and Director of the United StatesPatent and Trademark Office.[FR Doc. 2012–17907 Filed 8–13–12; 8:45 am]BILLING CODE 3510–16–Psro<strong>be</strong>rts on DSK5SPTVN1PROD with RULESVerDate Mar2010 17:28 Aug 13, 2012 Jkt 226001 PO 00000 Frm 00052 Fmt 4701 Sfmt 9990 E:\FR\FM\14AUR6.SGM 14AUR6

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