Comments on: Q) Terminal Disclaimer

By: maggie

maggie — Tue, 15 Nov 2011 19:30:41 +0000

Another Q was reported on Exam on How to Correct a terminal disclaimer:

Answer: Allow app, then applicant files reissue to correct terminal disclaimer

By: maggie

maggie — Tue, 15 Nov 2011 19:29:36 +0000

Terminal Disclaimer can be signed by:
(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;

By: Jeremy

Jeremy — Thu, 22 Sep 2011 14:30:24 +0000

My take on this as well. Seems exceedingly clear to me. Somebody prove this wrong.

By: Bob

Bob — Wed, 03 Aug 2011 06:06:25 +0000

Same as Sarah on 8/2/11

By: BigBadVoodoDaddy

BigBadVoodoDaddy — Fri, 01 Jul 2011 19:42:05 +0000

undivided part interest applies when a corporation may assign some ownership to a sub division.
eg. if a corporation has 50 % ownership. Division A can own 25 % and the parent can own 25 %. In this case the part interest is divided. hence both corporation and its division A have to participate

By: Sarah

Sarah — Wed, 18 May 2011 20:15:31 +0000

Something involving disclaimers today. I believe it was who can sign for them (all inventors or all with interest).

By: H

Thu, 31 Mar 2011 23:50:37 +0000

That’s correct. The statute is unambiguous.

If applicant retained entire interest –> he signs.
If applicant assign a partial interest –> partial assignees AND applicant signs.
If applicant assigns entire interest –> assignee signs.
OR attorney/agent OF RECORD can always sign.

By: LM

LM — Fri, 18 Mar 2011 01:39:07 +0000

Undivided part interest and divided part interest – in terms of real property law =

divided part interest is like partnership = each one has distinct share and upon death of one person/party it is inheriated by heirs of that personor as agreed between the partners

Undivided part interes is like joint tenancy = each one owns whole part. Ex. house in the name of husband and wife. They both owns house – it is undivided interest. One can not sell it without other person consent. There is no distinct share in the property unless divided by partition or something. And in the event of death, other joint owner owns entirely. No legal heirs of deceased owner owns by will or otherwise unless agreed between the parties otherwise.

By: patenttips

patenttips — Thu, 17 Mar 2011 21:42:33 +0000

Good explanation. Have to think of patents as property.

I think everyone needs to sign in order to do something that affects the patent and since inventor assigned patent over to someone else, they aren’t the only owner, so seems like inventor can’t do it by themselves and everyone basically needs to get involved. Must cause fights!

By: patenttips

patenttips — Thu, 17 Mar 2011 21:38:31 +0000

Statutory means you can’t get over it.

If the claims are the same invention, you can’t get two patents to one invention, hence statutory.

Non-statutory means you can basically file a terminal disclaimer to get over it. Usually obviousness rejections.