UNIFORM CERTIFICATE OF ATTENDANCE FOR CLE To be ...

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Action item●●●If you have not already done so, you should jointhe EFS-Web-L listserv (email discussiongroup)The group discusses e-filing at the USPTO andother issues that arise in daily patent practice inthe USYou can always unsubscribe later if you wish● See http://www.oppedahl.com/listserves87Our main topics...●●●●●●●●Content and procedure of the oath or declarationThe Application Data SheetNon-inventor applicantsUnavailable and uncooperative inventorsDocket consequencesNew Rule-46 practiceFiling of international (PCT) patent applicationsEntry into the US national phase from an international(PCT) patent application● Random changes by USPTOContent and procedure of the oathor declaration9
USPTO has posted some forms● http://www.uspto.gov/forms/aia_forms_preview.jsp1110If you have N inventors ...Filing date of application Before September 16, 2012 On or after September 16,2012How many inventordocuments are filed?Does the declaration take aposition on who the otherinventors are?One declaration with Nsignatures lines, onesignature line for eachinventorYesHow many “magic words”? 203 90Form PTO/SB/01A PTO/AIA/01Citizenship stated in form? Yes NoOne form for each inventor,each with one signature lineand one signatureNoWhen an inventor cannotbe found or refuses to sign?Rule 47 practiceForm PTO/AIA/02(“Substitute Statement”)●●●●●What's gone from the “new language”Declaration?Inventor no longer professes a belief to be the“first” inventorThis makes sense given that AIA changes it to“first inventor to file” rather than “first inventor”The document does not say that the inventor“reviewed and understood” the applicationThe document does not say that the inventoracknowledges the duty of disclosureNo requirement that foreign priority applicationsbe set forth in the Declaration12
Page 1: UNIFORM CERTIFICATE OF ATTENDANCE F
Page 4 and 5: SPTO explains the America Invents A
Page 6 and 7: PTO/SB/01A (01-09)Approved for use
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Page 10 and 11: PTO/ (06-12)Approved for use throug
Page 12 and 13: PTO/(06-1Approved for use through 0
Page 14 and 15: What will change about the oath ord
Page 18 and 19: But 37 CFR § 1.63 says:A person ma
Page 20 and 21: ●●●Combined assignment anddec
Page 22 and 23: ●●●●●●Consequences of i
Page 24 and 25: How to file the ADSs●●If you pr
Page 26 and 27: Supplemental ADSAny ADS filed after
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