UNIFORM CERTIFICATE OF ATTENDANCE FOR CLE To be ...

sroberts on DSK5SPTVN1PROD with RULES48782 Federal Register / Vol. 77, No. 157 / Tuesday, August 14, 2012 / Rules and Regulations1.154(a)(6), 1.162, and 1.163(b)(6),1.175, 1.492(h), and 1.495(c)(1)(ii), is forconsistency with the use of the phrase‘‘the inventor’s oath or declaration’’ todenote: (1) the oath or declaration under35 U.S.C. 115(a), substitute statementunder 35 U.S.C. 115(d), or assignmentstatementunder 35 U.S.C. 115(e)executed by or with respect to theinventor for an application naming onlyone inventor; and (2) the oaths ordeclarations under 35 U.S.C. 115(a),substitute statements under 35 U.S.C.115(d), or assignment-statements under35 U.S.C. 115(e) that collectively havebeen executed by or with respect to allof the joint inventors for an applicationnaming joint inventors.Section 1.17: Section 1.17(g) isamended to refer to the filing of anapplication on behalf of an inventor bya person who otherwise showssufficient proprietary interest in thematter under § 1.46, rather than thefiling of an application by other than allthe inventors or by a person not theinventor under former § 1.47. Thischange is for consistency with thechanges to applicant practice in §§ 1.42,1.43, 1.45, and 1.46. Thus, an assigneeor obligated assignee will no longer berequired to file a petition and fee to beconsidered the applicant or to execute asubstitute statement (in lieu of an oathor declaration) with respect to anonsigning inventor.Section 1.17(i) is amended to refer tosupplying the name or names of theinventor or inventors in an applicationwithout either an application data sheetor an inventor’s oath or declaration(rather than just without an oath ordeclaration as prescribed by § 1.63).This change is for consistency with thechanges to practice for naming theinventors in § 1.41.Section 1.27: Section 1.27(c)(2) isamended to indicate that a writtenassertion of small entity status can besigned by: (1) The applicant (§ 1.42 or§ 1.421); (2) a patent practitioner ofrecord or a practitioner acting in arepresentative capacity under § 1.34; (3)the inventor or a joint inventor, if theinventor is the applicant; or (4) theassignee. This change is for consistencywith the change in practice concerningwho is the applicant for patent in § 1.42.This change also results in any writtenassertion being signed by or on behalf ofthe real party in interest, rather than bya party who no longer has a financialinterest in the application.Section 1.31: Section 1.31 is amendedto provide that an applicant for patentmay file and prosecute the applicant’sown case, or the applicant may givepower of attorney so as to berepresented by one or more patentpractitioners or joint inventors, exceptthat a juristic entity (e.g., organizationalassignee) must be represented by apatent practitioner even if the juristicentity is the applicant. This change isfor consistency with the change inpractice concerning who is theapplicant for patent in § 1.42. Thus, allpapers submitted on behalf of a juristicentity must be signed by a patentpractitioner unless otherwise specified,§ 1.33(b)(3). Juristic entities includecorporations (MPEP § 409.03(b)) or othernon-human entities created by law andgiven certain legal rights. This change isbecause juristic entities have beenattempting to prosecute patentapplications before the Office pro se andrequesting additional assistance fromexaminers. Juristic entities attempting toprosecute patent applications before theOffice pro se also make more proceduralerrors that result in delays inprosecution. Accordingly, this changewill facilitate a reduction in the Office’sbacklog and pendency by reducingprosecution delays caused byprocedural errors.Section 1.31 also provides that theOffice cannot aid in the selection of apatent practitioner.Section 1.32: Section 1.32(a)(2) isamended to provide that the term‘‘power of attorney’’ means a writtendocument by which a principalauthorizes one or more patentpractitioners or joint inventors to act onthe principal’s behalf. Section 1.32(a)(3)is amended to provide that the term‘‘principal’’ means the applicant (§ 1.42)for an application for patent and thepatent owner for a patent, including apatent in a supplemental examination orreexamination proceeding, and that theprincipal executes a power of attorneydesignating one or more patentpractitioners or joint inventors to act onthe principal’s behalf. Section 1.32(a)(4)is amended to provide that the term‘‘revocation’’ means the cancellation bythe principal of the authority previouslygiven to a patent practitioner or jointinventor to act on the principal’s behalf.Section 1.32(a)(6) is added to providethat the term ‘‘patent practitioner ofrecord’’ means a patent practitioner whohas been granted a power of attorney inan application, patent, or otherproceeding in compliance with§ 1.32(b), and that the terms‘‘practitioner of record’’ and ‘‘attorneyor agent of record’’ also mean a patentpractitioner who has been granted apower of attorney in an application,patent, or other proceeding incompliance with § 1.32(b). Thesechanges are for consistency with thechange in practice concerning theapplicant for patent in § 1.42.VerDate Mar2010 17:28 Aug 13, 2012 Jkt 226001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\14AUR6.SGM 14AUR6Section 1.32(b) is amended to providethat a power of attorney must: (1) Be inwriting; (2) name one or morerepresentatives in compliance with§ 1.32(c); (3) give the representativepower to act on behalf of the principal;and (4) be signed by the applicant forpatent (§ 1.42) or the patent owner. Thisprovision also applies in reissueapplications, supplemental examinationproceedings, and reexaminationproceedings. These changes are forconsistency with the change in practiceconcerning who is the applicant forpatent in § 1.42.Section 1.32(b)(4) provides that apatent owner who was not the applicantunder § 1.46 must appoint any power ofattorney in compliance with §§ 3.71 and3.73. This covers a patent owner in areissue application who was not theapplicant under § 1.46 in theapplication for the original patent, aswell as a patent owner in asupplemental examination orreexamination proceeding who was notthe applicant under § 1.46.Section 1.32(d) is added to providethat a power of attorney from a priornational application for which benefit isclaimed under 35 U.S.C. 120, 121, or365(c) in a continuing application mayhave effect in the continuing applicationif a copy of the power of attorney fromthe prior application is filed in thecontinuing application unless: (1) Thepower of attorney was granted by theinventor; and (2) the continuingapplication names an inventor who wasnot named as an inventor in the priorapplication. Former § 1.63(d)(4)provided that, when filing continuationand divisional applications andincluding a copy of a declaration fromthe parent application, applicantsshould ‘‘identify’’ in the continuation ordivisional any change in power ofattorney that occurred after the filing ofthe parent application. The requirementin former § 1.63(d)(4) to ‘‘identify’’ thechange in power of attorney has beeninterpreted differently by applicants,with varying success of the Officerecognizing the change in power ofattorney. Attempts to comply haveincluded: filing a copy of the power ofattorney from the parent, filing a copyof only the notice of acceptance ofpower of attorney, and making astatement about the power of attorney ina transmittal letter that accompanied thecontinuation or divisional application.Sometimes applicants did notaccurately identify the change in powerof attorney (e.g., the power of attorneydocument in the parent applicationappointed specific practitioners byname and registration number, but thepapers filed in the continuation or