Comments on: Representative of Inventor or Owner (MPEP 400) http://mypatentbar.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/ Patent Bar Review and Study Guide Sat, 19 May 2012 21:33:10 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: LyleGravatt http://mypatentbar.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-30687 LyleGravatt Mon, 06 Feb 2012 17:04:37 +0000 http://patentbar.wordpress.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-30687 Re: One of two joint inventors died, what happens to the power of attorney? Death of Inventor A terminates the power of attorney given by A unless practitioner is an assignee or part-assignee. Inventor B's power of attorney still applies and is sufficient to continue prosecution of application. Inventor A's legal representative (heirs, administrators, executors, or assignees) may then choose to grant power of attorney to either (1) Inventor B, (2) Inventor B's agent/attorney, or (3) another agent/attorney. If (1) or (2) occurs, then there is no change in the power of attorney. If (3) occurs, then there are now two practitioners who are granted power of attorney, and although there is only one correspondence address (original practitioner), both signatures are required in signed correspondence with USPTO. See M409.01 [R-5], M402.10 [R-5], 37 CFR 1.32 and 1.42 Re: One of two joint inventors died, what happens to the power of attorney?

Death of Inventor A terminates the power of attorney given by A unless practitioner is an assignee or part-assignee. Inventor B’s power of attorney still applies and is sufficient to continue prosecution of application.

Inventor A’s legal representative (heirs, administrators, executors, or assignees) may then choose to grant power of attorney to either (1) Inventor B, (2) Inventor B’s agent/attorney, or (3) another agent/attorney. If (1) or (2) occurs, then there is no change in the power of attorney. If (3) occurs, then there are now two practitioners who are granted power of attorney, and although there is only one correspondence address (original practitioner), both signatures are required in signed correspondence with USPTO.

See M409.01 [R-5], M402.10 [R-5], 37 CFR 1.32 and 1.42

]]> By: BPY http://mypatentbar.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-9918 BPY Sat, 23 Apr 2011 22:56:15 +0000 http://patentbar.wordpress.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-9918 sorry the answer was messed up. in the newest edition of MPEP8: If, after one patent practitioner is appointed, a second patent practitioner is later appointed without revocation of the power of the first patent practitioner, the correspondence address of the second patent practitioner is entered into the application file record (Ex parte Eggan, 1911 C.D. 213, 172 O.G. 1091 (Comm'r Pat. 1911)), so that the Office letters are to be sent to him or her. sorry the answer was messed up.
in the newest edition of MPEP8:

If, after one patent practitioner is appointed, a second patent practitioner is later appointed without revocation of the power of the first patent practitioner, the correspondence address of the second patent practitioner is entered into the application file record (Ex parte Eggan, 1911 C.D. 213, 172 O.G. 1091 (Comm’r Pat. 1911)), so that the Office letters are to be sent to him or her.

]]> By: BPY http://mypatentbar.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-9917 BPY Sat, 23 Apr 2011 22:54:21 +0000 http://patentbar.wordpress.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-9917 in the newest edition of MPEP8: If, after one *>patent practitionerpatent practitionerpatent practitionerpatent practitioner< is entered into the application file record (Ex parte Eggan, 1911 C.D. 213, 172 O.G. 1091 (Comm'r Pat. 1911)), so that the Office letters are to be sent to him or her. in the newest edition of MPEP8:

If, after one *>patent practitionerpatent practitionerpatent practitionerpatent practitioner< is entered into the application file record (Ex parte Eggan, 1911 C.D. 213, 172 O.G. 1091 (Comm'r Pat. 1911)), so that the Office letters are to be sent to him or her.

]]> By: Emily http://mypatentbar.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-15 Emily Wed, 21 Oct 2009 18:31:08 +0000 http://patentbar.wordpress.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-15 I read that language to mean that a new power of attorney is only required if the inventor who died was the sole inventor, or if the other inventor(s) haven't given the attorney power of attorney. So if there are two inventors, both give power of attorney to an attorney, and one of them dies, the power of attorney should still be in force. Someone please correct me if I'm wrong. I read that language to mean that a new power of attorney is only required if the inventor who died was the sole inventor, or if the other inventor(s) haven’t given the attorney power of attorney. So if there are two inventors, both give power of attorney to an attorney, and one of them dies, the power of attorney should still be in force. Someone please correct me if I’m wrong.

]]> By: Sean http://mypatentbar.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-14 Sean Sat, 18 Apr 2009 22:17:09 +0000 http://patentbar.wordpress.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-14 "If after one attorney is appointed, another attorney is appointed without revocation of the power of the first attorney, PTO letters will be sent to the later." Who's the "later" here? The later in appointment (2nd attorney) or the later in mention in the sentence (1st attorney)? Maybe I am complicating this unnecessarily, but just wanted to absolutely clear. This is a legal document after all. Thank you. “If after one attorney is appointed, another attorney is appointed without revocation of the power of the first attorney, PTO letters will be sent to the later.”

Who’s the “later” here? The later in appointment (2nd attorney) or the later in mention in the sentence (1st attorney)?

Maybe I am complicating this unnecessarily, but just wanted to absolutely clear. This is a legal document after all.

Thank you.

]]> By: MDP http://mypatentbar.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-13 MDP Wed, 04 Feb 2009 21:46:38 +0000 http://patentbar.wordpress.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-13 Regarding the question that asks: One of two joint inventors died, what happens to the power of attorney? From the outline above - the death of the inventor (or one of the joint inventors) terminates the power of attorney given by the deceased inventor. A new power from the heirs, administrators, executors, or assignees is necessary if the deceased inventor is the sole inventor or all powers of attorney in the application have been terminated. I would just like confirmation that, a new power of attorney is required when one of two joint inventors dies, even though the original power of attorney was assigned jointly by the joint inventors and one of the joint inventors is still alive. Is my understanding correct? Thanks Regarding the question that asks: One of two joint inventors died, what happens to the power of attorney?

From the outline above – the death of the inventor (or one of the joint inventors) terminates the power of attorney given by the deceased inventor. A new power from the heirs, administrators, executors, or assignees is necessary if the deceased inventor is the sole inventor or all powers of attorney in the application have been terminated.

I would just like confirmation that, a new power of attorney is required when one of two joint inventors dies, even though the original power of attorney was assigned jointly by the joint inventors and one of the joint inventors is still alive. Is my understanding correct?

Thanks

]]> By: MyPatentBar.com » Representative of Inventor or Owner (MPEP 400) http://mypatentbar.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-12 MyPatentBar.com » Representative of Inventor or Owner (MPEP 400) Fri, 05 Sep 2008 16:53:48 +0000 http://patentbar.wordpress.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-12 [...] Log Out [...] [...] Log Out [...]

]]> By: patentbar http://mypatentbar.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-11 patentbar Wed, 05 Mar 2008 20:16:44 +0000 http://patentbar.wordpress.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-11 Tested on the exam: Customer Number A customer number may be assigned to a particular applicant. Customer numbers are a convenience and provide 1) a correspondence address, 2) a fee address, and 3) list of the practitioners with power of attorney. Tested on the exam: Customer Number
A customer number may be assigned to a particular applicant. Customer numbers are a convenience and provide 1) a correspondence address, 2) a fee address, and 3) list of the practitioners with power of attorney.

]]> By: patentbar http://mypatentbar.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-10 patentbar Wed, 05 Mar 2008 20:05:14 +0000 http://patentbar.wordpress.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-10 You can have a correspondence address and a fee address, which are different. However, you cannot designate multiple correspondence address or fee addresses. The PTO will not send the same piece of paper to multiple addresses. You can have a correspondence address and a fee address, which are different. However, you cannot designate multiple correspondence address or fee addresses. The PTO will not send the same piece of paper to multiple addresses.

]]> By: patentbar http://mypatentbar.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-9 patentbar Tue, 04 Dec 2007 19:27:09 +0000 http://patentbar.wordpress.com/2007/03/05/unit-5a-representative-of-the-inventor-37-cfr-part-10-and-mpep-chapter-400/#comment-9 Tested on the exam: One of two joint inventors died, what happens to the power of attorney? From the outline above - the death of the inventor (or one of the joint inventors) terminates the power of attorney given by the deceased inventor. A new power from the heirs, administrators, executors, or assignees is necessary if the deceased inventor is the sole inventor or all powers of attorney in the application have been terminated. Tested on the exam: One of two joint inventors died, what happens to the power of attorney?

From the outline above – the death of the inventor (or one of the joint inventors) terminates the power of attorney given by the deceased inventor. A new power from the heirs, administrators, executors, or assignees is necessary if the deceased inventor is the sole inventor or all powers of attorney in the application have been terminated.

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