The afterward is a bedfellow column from Carl Oppedahl. Oppedahl is the architect of his self-named, Colorado-based apparent law firm. www.oppedahl.com
On August 14, 2012, USPTO appear its new Rules relating to the Adjuration and Acknowledgment of the inventor. These Rules booty aftereffect on Sunday, September 16, 2012 and it is not abundant of an exaggeration to say that they change aggregate about the Adjuration and Acknowledgment of the inventor. USPTO has additionally acquaint several new forms on its web site, forms which will be accessible starting on September 16, 2012. In this bedfellow column I will allocution about two accurate forms and the agency that they will accomplish a big aberration in your circadian apparent practice.
We are all accustomed with Form PTO/SB/01 and Form PTO/SB/01A, which I alarm the “long form” acknowledgment and the “short form” declaration. These two forms are to be acclimated for any apparent appliance filed afore September 16, 2012. They accommodate the “magic words” that are appropriate for a acknowledgment that is acclimated in an appliance filed afore September 16, 2012. I alarm these “old” declarations. Back I say an “old” appliance I beggarly an appliance filed afore September 16, 2012.
The continued anatomy acknowledgment contains all of the bibliographic data, for archetype the adopted antecedence information, the commitment abode of the inventors, and lots of added things. The abbreviate anatomy acknowledgment contains the bald minimum of advice and “magic words” acceptable by the Statute and the Rules for an “old” application.
This leads us to one of the actual big changes in the new Rules. For a new apparent appliance filed on or afterwards September 16, 2012 (which I alarm a “new” application), the “magic words” and the advice agreeable for a acknowledgment are altered than before. The new anatomy is PTO/AIA/01. I alarm this the “new” declaration.
Here is one of the important things to know. If your appliance is a “new” application, again the acknowledgment has to be a “new” declaration. If your appliance is an “old” application, again the acknowledgment has to be an “old” declaration.
We all apperceive that beneath 35 USC § 363, a PCT appliance anecdotic the United States is a US apparent application. This agency that if your appliance is a US civic appearance of a PCT application, again the way you apperceive whether it is “new” or “old” is by attractive at the all-embracing filing date.
If you are accepting accessible to accelerate a bare acknowledgment to an artist for signature, you charge to accelerate the actual one (“old” or “new”) depending on the filing date of the application. If you already accept a active acknowledgment in duke and you are cerebration about sending it to the USPTO, you charge to attending at it to see if it is “old” or “new” If it is the amiss kind, again you charge to adapt one of the actual affectionate and get it signed.
Go to the web armpit of the USPTO and book out the “old” and “new” declarations. What you will see is abbreviated in this table:
Filing date of application
Before September 16, 2012
On or afterwards September 16, 2012
How abounding artist abstracts are filed?
One acknowledgment with N signatures lines, one signature band for anniversary inventor
One anatomy for anniversary inventor, anniversary with one signature band and one signature
Does the acknowledgment booty a position on who the added inventors are?
How abounding “magic words”?
Citizenship declared in form?
When an artist cannot be begin or refuses to sign?
Rule 47 practice
Form PTO/AIA/02 (“Substitute Statement”)
One of the aboriginal things you will see is that the new acknowledgment has no abode to account any inventors added than the accurate artist who is signing the declaration. Instead, it turns out that the way the USPTO learns who the inventors are in a accurate case is by agency of an Appliance Abstracts Sheet.
For an old application, there will be a distinct acknowledgment form, with places for as abounding signatures as there are inventors. Anniversary artist is demography a position as to who the added inventors are. In contrast, for a new application, there are as abounding acknowledgment forms (Form PTO/AIA/01) as there are inventors, anniversary accepting alone a distinct signature band for that inventor.
Another affair you will see is that the “magic words” calculation is far abate for a new acknowledgment compared with an old one. The abracadabra chat calculation is 90 compared with 203.
The new acknowledgment does not assert that the attestant has advised and accepted the appliance including the claims. And it does not accede the assignment of disclosure. But the new Rules accompaniment that anyone signing a acknowledgment charge accept advised and accepted the appliance including the claims. And the new Rules accompaniment that the attestant charge be acquainted of the assignment of disclosure. So you will charge to do whatever it takes to ensure that these requirements are annoyed for anyone signing a new declaration.
What happens if an artist cannot be begin or refuses to assurance the declaration?
For an old application, the acknowledgment is of advance the acclaimed Rule 47 procedure. You accumulate one or added statements active by assorted bodies accepting ability of the pertinent facts, you adapt a Petition, you pay a fee, and again you delay to acquisition out what the USPTO thinks about your papers. Maybe the USPTO grants the Petition, maybe the USPTO asks for added statements or added abundant statements. I’ve heard belief from practitioners who had to go about as abounding as three times with the USPTO afore the USPTO would admission the Petition.
For a new application, it’s all different. You artlessly ample out Form PTO/AIA/02 and accelerate it in. No fee, no statements, no petition. This anatomy all by itself replaces the inventor’s declaration. So for archetype if you accept seven inventors, and two of them debris to assurance and addition cannot be found, again you will duke in three Forms PTO/AIA/02, and four active Forms PTO/AIA/01, and an Appliance Abstracts Sheet, and Bob’s your uncle.
So for some categories of artist signature problem, the bequest Rule 47 action is a affair of the past. Anyone who has suffered through a difficult Rule 47 Address in the accomplished will be captivated at this change.
Which gets us to the Appliance Abstracts Area (ADS). The ADS with which abounding of us are accustomed is Anatomy PTO/SB/14 ( /media/docs/2012/08/sb0014.pdf ). It is a Best Convenance to use this anatomy (which is computer-readable) because it can auto-load its bibliographic abstracts anon into EFS-Web and from there into Palm. This eliminates several accessible sources of absurdity back compared with an access in which USPTO cadre hand-key such advice into Palm.
Under the new Rules, the use of a ADS is binding except beneath a baby scattering of attenuate actuality situations. So you ability as able-bodied get acclimated to advancing and filing ADSs.
Within the aing anniversary or two, USPTO will column the “new” appliance abstracts area for use with “new” apparent applications. Back this ADS becomes available, it will additionally be a Best Convenance to use it, and to e-file it so that it too may auto-load into Palm. The key is to accommodate the computer-readable ADS in the first e-filing acquiescence for a accurate apparent application. Alone again will it auto-load into Palm.
After you accept agitated out the e-filing acquiescence that contains the ADS (the first e-filing acquiescence for a accurate apparent application), be abiding to accessible the appliance in Private PAIR and bang on the Publication Review page. You can adapt this folio and you can analysis all of the bibliographic abstracts for accuracy. In the accident of some absurdity or omission, you can get started appropriate abroad on accepting it anchored alike afore the Filing Receipt gets mailed.
Well, there we are. I’ve told you about one-twentieth of the things that are absolutely altered as a aftereffect of USPTO’s new rules apropos to the adjuration and declaration. For the rest, you can apprehend the new Rules (/media/docs/2012/08/fr_inventor_oath.pdf ).
Carl Oppedahl will present a webinar (brochure) about the new Rules on Adjuration and Acknowledgment on August 30, 2012. Carl has fabricated this announcement accessible as an Epub book which you could amount into a Nook or any added Epub reader.
© OPLF 2012
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