Posts Tagged: "oath or declaration"

Historic Patent Reform Implemented by USPTO

The most significant reform to the U.S. patent system in more than a century took a major step forward at 12:01 am Sunday, as numerous provisions of the Leahy-Smith America Invents Act of 2011 went into effect. The new rules will spur innovation and economic growth by streamlining the patent application process and introducing new procedures to ensure patent quality. Seven reforms to U.S. patent law went into effect one year after the signing of the bipartisan patent reform legislation by President Barack Obama on September 16, 2011.

U.S.P.T.O.

September 17, 2012

New Oath & Declaration Rules at the USPTO

One of the primary objectives of the America Invents Act (AIA) was to streamline the filing and prosecution of patent applications. Under the AIA, the oath or declaration requirements for applicants have been substantially modified, with assignees now being permitted to apply for patents effective September 16, 2012. Provisions of the AIA (35 USC § 118) allow an assignee, or one to which the inventor is obligated to assign the invention, to make an application for patent. Additionally, a party who has a “sufficient proprietary interest” in the invention may make an application for patent as an agent of the inventor upon “proof of pertinent facts” of such interest.

Stephen Harper, Ph.D.

September 10, 2012

Important New Changes to US Patent Law for PCT Applicants

For the international community, however, there is an important change slated for September 16, 2012. The AIA will changewho is entitled to be an applicant in U.S. national applications. This change will impact applicants who have filed under the Patent Cooperation Treaty (PCT). The change removes the requirement that the inventors be named as applicants solely for the purposes of U.S. designation.

Gene Quinn

August 5, 2012