UNIFORM CERTIFICATE OF ATTENDANCE FOR CLE To be ...

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Substitute Statement●●●This form is easy to sign and fileThis form is particularly easy to sign and file inthe case where there is an Assignee or anObligated AssigneeNo longer do you need to set forth facts tendingto show that the person refused to sign andknew what they were refusing to sign55Substitute Statement●●●Keep in mind that the Substitute Statementpractice does not eliminate the need for factualinquiry and preservation of evidence as informer Rule 47 practiceIt merely postpones review of such facts andevidence until litigation timeThe applicant should preserve such evidence inits own files in case it is needed at litigation time● Does not serve to quiet title5756●●●Who should sign the SubstituteStatement?From USPTO's point of view, the signer of theSubstitute Statement can be anyone withknowledge of the factsIn some cases one of the possible signersmight be the attorney or agentKeep in mind that during litigation the signer willlikely be a fact witness and will likely bedeposed at length
●●Who may sign a SubstituteStatement?One potential signer of a Substitute Statementis a party that is an assignee or obligatedassignee or SPI partyNote that such a party can sign the SubstituteStatement even if that party has not become, orhas chosen not to become, an Applicant58●●Who may sign a SubstituteStatement?Another potential signer of a SubstituteStatement is the entire inventive entityThis is the purpose of Form PTO/AIA/11 whencombined with Form PTO/AIA/0259Docket consequences60
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
Page 8 and 9: PTO/SB/ (06-12)Approved for use thr
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 16 and 17: Action item●●●If you have not
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
Page 28 and 29: Provisionals●●●Rules are a bi
Page 30 and 31: Are all assignees applicants?●●
Page 34 and 35: ●●●Docket consequences of the
Page 36 and 37: New Rule-46 practice67●●●Rule
Page 38 and 39: Consequences of AIA for PCT filers
Page 40 and 41: If you are entrusted the US nationa
Page 42 and 43: ●●●Choosing between a “bypa
Page 44 and 45: ●●●Getting your name and addr
Page 46 and 47: Exercises relating to September 16,
Page 48 and 49: Important AIA webinar September 6
Page 50 and 51: Exercises relating to September 16,
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48806 Federal Register / Vol. 77, N
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