UNIFORM CERTIFICATE OF ATTENDANCE FOR CLE To be ...

Federal Register / Vol. 77, No. 157 / Tuesday, August 14, 2012 / Rules and Regulations48823sroberts on DSK5SPTVN1PROD with RULES§ 1.324 Correction of inventorship inpatent, pursuant to 35 U.S.C. 256.(a) Whenever through error a personis named in an issued patent as theinventor, or an inventor is not named inan issued patent, the Director, pursuantto 35 U.S.C. 256, may, on application ofall the parties and assignees, or on orderof a court before which such matter iscalled in question, issue a certificatenaming only the actual inventor orinventors.(b) Any request to correctinventorship of a patent pursuant toparagraph (a) of this section must beaccompanied by:(1) A statement from each person whois being added as an inventor and eachperson who is currently named as aninventor either agreeing to the change ofinventorship or stating that he or shehas no disagreement in regard to therequested change;(2) A statement from all assignees ofthe parties submitting a statement underparagraph (b)(1) of this section agreeingto the change of inventorship in thepatent, which statement must complywith the requirements of § 3.73(c) of thischapter; and(3) The fee set forth in § 1.20(b).(c) For correction of inventorship inan application, see § 1.48.(d) In an interference under part 41,subpart D, of this title, a request forcorrection of inventorship in a patentmust be in the form of a motion under§ 41.121(a)(2) of this title. In a contestedcase under part 42, subpart D, of thistitle, a request for correction ofinventorship in a patent must be in theform of a motion under § 42.22 of thistitle. The motion under § 41.121(a)(2) or§ 42.22 of this title must comply withthe requirements of this section.■ 49. Section 1.414 is amended byrevising paragraph (c)(2) to read asfollows:§ 1.414 The United States Patent andTrademark Office as a Designated Office orElected Office.* * * * *(c) * * *(2) National stage processing forinternational applications entering thenational stage under 35 U.S.C. 371.■ 50. Section 1.421 is revised to read asfollows:§ 1.421 Applicant for internationalapplication.(a) Only residents or nationals of theUnited States of America may fileinternational applications in the UnitedStates Receiving Office. If aninternational application does notinclude an applicant who is indicated asbeing a resident or national of theUnited States of America, and at leastone applicant:(1) Has indicated a residence ornationality in a PCT Contracting State,or(2) Has no residence or nationalityindicated, applicant will be so notifiedand, if the international applicationincludes a fee amount equivalent to thatrequired by § 1.445(a)(4), theinternational application will beforwarded for processing to theInternational Bureau acting as aReceiving Office (see also § 1.412(c)(6)).(b) Although the United StatesReceiving Office will acceptinternational applications filed by anyapplicant who is a resident or nationalof the United States of America forinternational processing, for thepurposes of the designation of theUnited States, an internationalapplication will be accepted by thePatent and Trademark Office for thenational stage only if the applicant isthe inventor or other person as providedin § 1.422 or § 1.424. Joint inventorsmust jointly apply for an internationalapplication.(c) A registered attorney or agent ofthe applicant may sign the internationalapplication Request and file theinternational application for theapplicant. A separate power of attorneyfrom each applicant may be required.(d) Any indication of differentapplicants for the purpose of differentDesignated Offices must be shown onthe Request portion of the internationalapplication.(e) Requests for changes in theindications concerning the applicant,agent, or common representative of aninternational application shall be madein accordance with PCT Rule 92bis andmay be required to be signed by allapplicants.(f) Requests for withdrawals of theinternational application, designations,priority claims, the Demand, orelections shall be made in accordancewith PCT Rule 90bis and must be signedby all applicants. A separate power ofattorney from the applicants will berequired for the purposes of any requestfor a withdrawal in accordance withPCT Rule 90bis which is not signed byall applicants.■ 51. Section 1.422 is revised to read asfollows:§ 1.422 Legal representative as applicantin an international application.If an inventor is deceased or underlegal incapacity, the legal representativeof the inventor may be an applicant inan international application whichdesignates the United States of America.VerDate Mar2010 17:28 Aug 13, 2012 Jkt 226001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 E:\FR\FM\14AUR6.SGM 14AUR6§ 1.423 [Removed and Reserved]■ 52. Section 1.423 is removed andreserved.■ 53. Section 1.424 is added to read asfollows:§ 1.424 Assignee, obligated assignee, orperson having sufficient proprietary interestas applicant in an international application.(a) A person to whom the inventor hasassigned or is under an obligation toassign the invention may be anapplicant in an international applicationwhich designates the United States ofAmerica. A person who otherwiseshows sufficient proprietary interest inthe matter may be an applicant in aninternational application whichdesignates the United States of Americaon proof of the pertinent facts and ashowing that such action is appropriateto preserve the rights of the parties.(b) Neither any showing requiredunder paragraph (a) of this section nordocumentary evidence of ownership orproprietary interest will be required orconsidered by the Office in theinternational stage, but will be requiredin the national stage in accordance withthe conditions and requirements of§ 1.46.■ 54. Section 1.431 is amended byrevising paragraph (b)(3)(iii) to read asfollows:§ 1.431 International applicationrequirements.* * * * *(b) * * *(3) * * *(iii) The name of the applicant, asprescribed (note §§ 1.421, 1.422, and1.424);* * * * *■ 55. Section 1.491 is amended byrevising the section heading andparagraph (b), and adding a newparagraph (c), to read as follows:§ 1.491 National stage commencement,entry, and fulfillment.* * * * *(b) An international application entersthe national stage when the applicanthas filed the documents and feesrequired by 35 U.S.C. 371(c)(1) and(c)(2) within the period set in § 1.495.(c) An international applicationfulfills the requirements of 35 U.S.C.371 when the national stage hascommenced under 35 U.S.C. 371(b) or(f) and all applicable requirements of 35U.S.C. 371 have been satisfied.■ 56. Section 1.492 is amended byrevising paragraph (h) to read asfollows:§ 1.492 National stage fees.* * * * *