UNIFORM CERTIFICATE OF ATTENDANCE FOR CLE To be ...

sroberts on DSK5SPTVN1PROD with RULES48784 Federal Register / Vol. 77, No. 157 / Tuesday, August 14, 2012 / Rules and Regulationsthe applicant (note that all paperssubmitted on behalf of a juristic entitymust be signed by a patent practitioner).Thus, there is no need to referseparately to the applicant and anassignee of the entire interest of theapplicant. This change is forconsistency with the change in practiceconcerning the applicant for patent in§ 1.42. In addition, the patent owner isthe owner of the entire interest of apatent. Section 1.36(a) is also amendedto change the parenthetical ‘‘or fewerthan all of the assignees of the entireinterest of the applicant or, in areexamination proceeding, fewer thanall the owners of the entire interest ofa patent’’ in the third sentence to ‘‘orfewer than all patent owners in asupplemental examination orreexamination proceeding.’’ Section1.36(a) is also amended to change thephrase ‘‘but the assignee of the entireinterest of the applicant may revokeprevious powers of attorney and giveanother power of attorney of theassignee’s own selection as provided in§ 1.32(b)’’ in the ultimate sentence to‘‘but the assignee may become theapplicant under § 1.46(c) and revokeany previous power of attorney andgrant a power of attorney as provided in§ 1.32(b).’’Section 1.41: Section 1.41(a) providesthat an application must include, or beamended to include, the name of theinventor for any invention claimed inthe application (the inventorship). See35 U.S.C. 115(a). As discussedpreviously, the ‘‘applicant’’ is providedfor in § 1.42.Section 1.41(b) provides that theapplicant may name the inventorship ofa nonprovisional application under 35U.S.C. 111(a) in the application datasheet in accordance with § 1.76 or theinventor’s oath or declaration. Section1.41(b) specifically provides that theinventorship of a nonprovisionalapplication under 35 U.S.C. 111(a) is theinventor or joint inventors set forth inthe application data sheet in accordancewith § 1.76 filed before or concurrentlywith the inventor’s oath or declaration.An application data sheet must besigned (§ 1.76(e)) to comply with § 1.76.An unsigned application data sheet istreated as only an applicationtransmittal letter. See § 1.76(e). Section1.41(b) also provides that if anapplication data sheet is not filed beforeor concurrently with the inventor’s oathor declaration, the inventorship is theinventor or joint inventors set forth inthe inventor’s oath or declaration,except as provided for in §§ 1.53(d)(4)(continued prosecution applications)and 1.63(d) (continuing applications).Section 1.41(b) also provides that oncean application data sheet or theinventor’s oath or declaration is filed ina nonprovisional application, anycorrection of inventorship must bepursuant to § 1.48. Section 1.41(b)finally provides that if neither anapplication data sheet nor the inventor’soath or declaration is filed during thependency of a nonprovisionalapplication, the inventorship is theinventor or joint inventors set forth inthe application papers filed pursuant to§ 1.53(b), unless the applicant files apaper, including the processing fee setforth in § 1.17(i), supplying the name ornames of the inventor or joint inventors.Applicants who wish to takeadvantage of the ability to name theinventors in an application data sheetrather than the inventor’s oath ordeclaration should take care to ensurethat an application data sheet under§ 1.76 that is signed in compliance with§ 1.33(b) is present on filing, or at leastis filed prior to the filing of anyinventor’s oath or declaration in theapplication. If an inventor’s oath ordeclaration is filed in the applicationprior to the filing of an application datasheet under § 1.76 that is signed incompliance with § 1.33(b), theinventorship named in the inventor’soath or declaration controls. Forexample, if an inventor’s oath ordeclaration naming only inventor ‘‘A’’ ispresent on filing without anaccompanying application data sheet,and a signed application data sheetnaming inventors ‘‘A’’ and ‘‘B’’ issubsequently filed in the application,the application will be treated asnaming only inventor ‘‘A’’ (the inventorprovided in the inventor’s oath ordeclaration) until the inventorship iscorrected under § 1.48(a).Section 1.41(c) provides that theinventorship of a provisionalapplication is the inventor or jointinventors set forth in the cover sheet asprescribed by § 1.51(c)(1). Section1.41(c) also provides that once a coversheet as prescribed by § 1.51(c)(1) isfiled in a provisional application, anycorrection of inventorship must bepursuant to § 1.48. Section 1.41(c)finally provides that if a cover sheet asprescribed by § 1.51(c)(1) is not filedduring the pendency of a provisionalapplication, the inventorship is theinventor or joint inventors set forth inthe application papers filed pursuant to§ 1.53(c), unless the applicant files apaper including the processing fee setforth in § 1.17(q), supplying the name ornames of the inventor or joint inventors.Section 1.41(d) provides that in eithera nonprovisional application under 35U.S.C. 111(a) filed without anapplication data sheet or the inventor’sVerDate Mar2010 17:28 Aug 13, 2012 Jkt 226001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\14AUR6.SGM 14AUR6oath or declaration, or in a provisionalapplication filed without a cover sheetas prescribed by § 1.51(c)(1), the nameand residence of each person believed tobe an actual inventor should beprovided when the application paperspursuant to § 1.53(b) or § 1.53(c) arefiled.Section 1.41(e) provides that theinventorship of an internationalapplication entering the national stageunder 35 U.S.C. 371 is the inventor orjoint inventors set forth in theapplication data sheet in accordancewith § 1.76 filed with the initialsubmission under 35 U.S.C. 371. Thus,the applicant in an internationalapplication may change inventorship asto the U.S. at the time of national stageentry by simply filing an applicationdata sheet in accordance with § 1.76with the initial submission under 35U.S.C. 371 naming the inventor or jointinventors. Section 1.41(e) also providesthat unless the initial submission under35 U.S.C. 371 is accompanied by anapplication data sheet in accordancewith § 1.76 setting forth the inventor orjoint inventors, the inventorship is theinventor or joint inventors set forth inthe international application, whichincludes any change effected under PCTRule 92bis. Section 1.41(e) does notprovide the ability to name theinventors or joint inventors via theinventor’s oath or declaration evenwhen an application data sheet inaccordance with § 1.76 is not provided.Section 1.42: Section 1.42 defineswho is the applicant for a patent.Section 1.42(a) provides that the word‘‘applicant’’ when used in this titlerefers to the inventor or all jointinventors, or to the person applying fora patent as provided in §§ 1.43, 1.45, or1.46.Section 1.42(b) provides that if aperson is applying for a patent asprovided in § 1.46, the word‘‘applicant’’ refers to the assignee, theperson to whom the inventor is underan obligation to assign the invention, orthe person who otherwise showssufficient proprietary interest in thematter, who is applying for a patentunder § 1.46 and not the inventor.Section 1.46 (discussed subsequently)implements 35 U.S.C. 118 and providesthat a person to whom the inventor hasassigned or is under an obligation toassign the invention may make anapplication for patent, and that a personwho otherwise shows sufficientproprietary interest in the matter maymake an application for patent on behalfof and as agent for the inventor on proofof the pertinent facts and a showing thatsuch action is appropriate to preservethe rights of the parties.