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UNIFORM CERTIFICATE OF ATTENDANCE FOR CLE To be ...

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Are all assignees applicants?●●●●Under AIA, is it always the case that anassignee of all rights is the applicant?No. The assignee might choose not to <strong>be</strong>comethe applicantIn such a case, the applicant is (just as in thepast) simply all of the inventorsThis is an odd situation, given that the inventorspresumably have given up standing to file byassigning49Non-inventor applicant must <strong>be</strong>representedby a practitioner●●●If the applicant is a juristic entity (if it is otherthan a human <strong>be</strong>ing) then it may not proceedpro se <strong>be</strong>fore the USPTOSuch an applicant must <strong>be</strong> represented by aregistered practitionerThis might <strong>be</strong> a reason for an assignee tochoose not to <strong>be</strong> (or to <strong>be</strong>come) the applicant50Free pass on the 3.73 statement● We are accustomed to having to provide a 3.73statement any time a Power of Attorney is filed●●The August 14 rules package makes clear thatin the case where there is a non-inventorapplicant, the non-inventor applicant may signthe Power of Attorney and in that case, there isno need for a 3.73 statementI imagine USPTO will redesign Form SB/80 toreflect this option for skipping the 3.73statement51

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