UNIFORM CERTIFICATE OF ATTENDANCE FOR CLE To be ...

sroberts on DSK5SPTVN1PROD with RULES48818 Federal Register / Vol. 77, No. 157 / Tuesday, August 14, 2012 / Rules and Regulationsapplications under paragraph (b) of thissection. See § 1.63(d) concerning thesubmission of a copy of the inventor’soath or declaration from the priorapplication for a continuing applicationunder paragraph (b) of this section.(6) If applicant does not pay the basicfiling fee during the pendency of theapplication, the Office may dispose ofthe application.* * * * *(h) Subsequent treatment ofapplication—Nonprovisional (includingcontinued prosecution) application. Anapplication for a patent filed underparagraphs (b) or (d) of this section willnot be placed on the files forexamination until all its required parts,complying with the rules relatingthereto, are received, except that theinventor’s oath or declaration may befiled when the application is otherwisein condition for allowance pursuant toparagraph (f)(3) of this section andminor informalities may be waivedsubject to subsequent correctionwhenever required.* * * * *■ 25. Section 1.55 is amended byrevising the introductory text ofparagraph (a)(1)(i), the introductory textof paragraph (c), and paragraph (d)(1)(ii)to read as follows:§ 1.55 Claim for foreign priority.(a) * * *(1)(i) In an original application filedunder 35 U.S.C. 111(a), the claim forforeign priority must be presented in anapplication data sheet (§ 1.76(b)(6))during the pendency of the application,and within the later of four months fromthe actual filing date of the applicationor sixteen months from the filing date ofthe prior foreign application. This timeperiod is not extendable. The claimmust identify the foreign application forwhich priority is claimed, as well as anyforeign application for the same subjectmatter and having a filing date beforethat of the application for which priorityis claimed, by specifying the applicationnumber, country (or intellectualproperty authority), day, month, andyear of its filing. The time periods inthis paragraph do not apply in anapplication under 35 U.S.C. 111(a) if theapplication is:* * * * *(c) Unless such claim is accepted inaccordance with the provisions of thisparagraph, any claim for priority under35 U.S.C. 119(a)–(d) or 365(a) notpresented in an application data sheet(§ 1.76(b)(6)) within the time periodprovided by paragraph (a) of this sectionis considered to have been waived. If aclaim for priority under 35 U.S.C.119(a)–(d) or 365(a) is presented afterthe time period provided by paragraph(a) of this section, the claim may beaccepted if the claim identifying theprior foreign application by specifyingits application number, country (orintellectual property authority), and theday, month, and year of its filing wasunintentionally delayed. A petition toaccept a delayed claim for priorityunder 35 U.S.C. 119(a)–(d) or 365(a)must be accompanied by:* * * * *(d)(1) * * *(ii) The foreign application isidentified in an application data sheet(§ 1.76(b)(6)); and* * * * *■ 26. Section 1.56 is amended byrevising paragraph (c)(3) to read asfollows:§ 1.56 Duty to disclose informationmaterial to patentability.* * * * *(c) * * *(3) Every other person who issubstantively involved in thepreparation or prosecution of theapplication and who is associated withthe inventor, the applicant, an assignee,or anyone to whom there is anobligation to assign the application.* * * * *■ 27. Section 1.59 is amended byrevising paragraph (a)(2) to read asfollows:§ 1.59 Expungement of information orcopy of papers in application file.(a) * * *(2) Information forming part of theoriginal disclosure (i.e., writtenspecification including the claims,drawings, and any preliminaryamendment present on the filing date ofthe application) will not be expungedfrom the application file.* * * * *■ 28. Section 1.63 is revised to read asfollows:§ 1.63 Inventor’s oath or declaration.(a) The inventor, or each individualwho is a joint inventor of a claimedinvention, in an application for patentmust execute an oath or declarationdirected to the application, except asprovided for in § 1.64. An oath ordeclaration under this section must:(1) Identify the inventor or jointinventor executing the oath ordeclaration by his or her legal name;(2) Identify the application to whichit is directed;(3) Include a statement that the personexecuting the oath or declarationbelieves the named inventor or jointVerDate Mar2010 17:28 Aug 13, 2012 Jkt 226001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\14AUR6.SGM 14AUR6inventor to be the original inventor oran original joint inventor of a claimedinvention in the application for whichthe oath or declaration is beingsubmitted; and(4) State that the application wasmade or was authorized to be made bythe person executing the oath ordeclaration.(b) Unless the following informationis supplied in an application data sheetin accordance with § 1.76, the oath ordeclaration must also identify:(1) Each inventor by his or her legalname; and(2) A mailing address where theinventor customarily receives mail, andresidence, if an inventor lives at alocation which is different from wherethe inventor customarily receives mail,for each inventor.(c) A person may not execute an oathor declaration for an application unlessthat person has reviewed andunderstands the contents of theapplication, including the claims, and isaware of the duty to disclose to theOffice all information known to theperson to be material to patentability asdefined in § 1.56. There is no minimumage for a person to be qualified toexecute an oath or declaration, but theperson must be competent to execute,i.e., understand, the document that theperson is executing.(d)(1) A newly executed oath ordeclaration under § 1.63, or substitutestatement under § 1.64, is not requiredunder § 1.51(b)(2) and § 1.53(f) or§ 1.497 for an inventor in a continuingapplication that claims the benefitunder 35 U.S.C. 120, 121, or 365(c) incompliance with § 1.78 of an earlierfiledapplication, provided that an oathor declaration in compliance with thissection, or substitute statement under§ 1.64, was executed by or with respectto such inventor and was filed in theearlier-filed application, and a copy ofsuch oath, declaration, or substitutestatement showing the signature or anindication thereon that it was executed,is submitted in the continuingapplication.(2) The inventorship of a continuingapplication filed under 35 U.S.C. 111(a)is the inventor or joint inventorsspecified in the application data sheetfiled before or concurrently with thecopy of the inventor’s oath ordeclaration from the earlier-filedapplication. If an application data sheetis not filed before or concurrently withthe copy of the inventor’s oath ordeclaration from the earlier-filedapplication, the inventorship is theinventorship set forth in the copy of theinventor’s oath or declaration from theearlier-filed application, unless it is