1. The applicant
2. The applicant and [co A, co B, or inventor (moot)]
or
3. The attorney/agent

Who can sign except:

Assignee with part interest.

MPEP 1490

¶ 14.26 Does Not Comply With 37 CFR 1.321(b) and/or (c) “Sub-Heading” Only

The terminal disclaimer does not comply with 37 CFR 1.321(b) and/or (c) because:

[...]

¶ 14.26.06 Not Signed by All Owners

It was not signed by all owners and, therefore, supplemental terminal disclaimers are required from the remaining owners.

Also, what is the operational meaning of a terminal disclaimer of a fractional interest? In the example above, if the inventor “retains a 20% interest”, and signs a terminal disclaimer, how does that impact the protection provided by the patent, (assuming for the sake of discussion that A and B do not sign the disclaimer).

Thanks very much, Art Williams

Whether or not an application differs patentably from prior art is the output of prosecution, not the input. Am I missing something here?

Thanks very much, Art Williams

No, not all may sign, according to MPEP 1490 (*emphasis added*):

“… For a disclaimer to be accepted, it must be signed by the proper party as follows:

(A) A disclaimer filed in *an application* must be signed by

(1) the applicant *where the application has not been assigned*,

(2) the applicant and the assignee *where each owns a part interest in the application*,

(3) the assignee *where assignee owns the entire interest in the application*, or

(4) *an attorney or agent of record*.

(B) A disclaimer filed in *a patent or a reexamination proceeding* must be signed by either

(1) the patentee (the assignee, the inventor(s) if the patent is not assigned, or the assignee and the inventors if the patent is assigned-in-part), or

(2) an attorney or agent of record.”

Accordingly, in the above situation, the applicant/inventor may not sign on his own.

Instead, either the patent attorney or agent of record may sign, or the applicant AND the assignee(s) (i.e. whoever became, is or remains owner – those inventors who have not completely assigned their interest, and any partial assignees)

Hope this helps …

THe answer is all of the below may sign it, correct?
(i)by the applicant, or
(ii)if there is an assignee of record of an undivided part interest, by the applicant and such assignee, or
(iii)if there is an assignee of record of the entire interest,
by such assignee, or
(iv)by an attorney or agent of record;

Thanks

1490 (ii) states “if there is an assignee of record of an undivided part interest, BY THE APPLICANT AND SUCH ASSIGNEE”

this aligns perfectly with 324.

where’s the problem?