UNIFORM CERTIFICATE OF ATTENDANCE FOR CLE To be ...

New Rule-46 practice67●●●Rule 46 practiceA would-be non-inventor applicant that is not anassignee or an obligated assignee may stillbecome the applicant by filing a petition undernew Rule 46This will get published in the OGRequired:●●proof of pertinent factsa showing that such action is required to preservethe rights of the parties● a petition under new Rule 4668● the petition feeRule 46 practice● How much of a showing do you need?● See MPEP 409.03(f)A proprietary interest obtained other than by assignment or agreement toassign may be demonstrated by an appropriate legal memorandum tothe effect that a court of competent jurisdiction (federal, state, or foreign)would by the weight of authority in that jurisdiction award title of theinvention to the 37 CFR 1.47(b) applicant. The facts in support of anyconclusion that a court would award title to the 37 CFR 1.47(b) applicantshould be made of record by way of an affidavit or declaration of theperson having firsthand knowledge of same. The legal memorandumshould be prepared and signed by an attorney at law familiar with the lawof the jurisdiction involved. A copy (in the English language) of a statute(if other than the United States statute) or a court decision (if other than areported decision of a federal court or a decision reported in the UnitedStates Patents Quarterly) relied on to demonstrate a proprietary interestshould be made of record.69