Upload
shemar-linley
View
224
Download
3
Tags:
Embed Size (px)
Citation preview
AIA Final Rules
Power of Attorney
March 20, 2013
Power of Attorney
Power of Attorney
• Why file a Power of Attorney?
– Allows the firm access to applications before publication Important for status checks at the USPTO
– Helps out attorneys with interviews
– Terminal disclaimers
Power of Attorney
• Original applicant filing the application is presumed to be the owner (not the inventors), unless later assigned. 37 CFR 3.73(a)– ADS names the “Applicant” then they are
presumed to be the owner and the patent will issue to them
• Statement Under 3.73(b) is now 3.73(c)
Power of Attorney
• Two Ways to Accomplish:
1. General POA (PTO/AIA/80) + 37 CFR 3.73(c) Statement (PTO/AIA/96)
2. Transmittal For Power of Attorney (PTO/AIA/82)- Part A- Transmittal Identifying the Application- Part B- Power of Attorney
Power of Attorney- PTO/AIA/80
• Way #1 File:
– General Power of Attorney (PTO/AIA/80) Signed by Applicant- e.g., Company Officer
– 37 CFR 3.73(c) Statement (PTO/AIA/96) Signed by either:
- Attorney/Practitioner Identified on AIA/80- Applicant- e.g., Company Officer
– Assignment Record ahead of filing Power of Attorney; OR Attach copy of Assignment & Record Same Day
Power of Attorney- PTO/AIA/80
General POA PTO/AIA/80
3.73(c) StatementPTO/AIA/96
RecordAssignment
Power of Attorney Example #1- PTO/AIA/80
App.
Filed
Assignment
Record File
3.73(c) StatementPTO/AIA/96
Reel/Frame No.
ADSADS
ADS namingApplicant
New General POA PTO/AIA/80
Power of Attorney Example #2- PTO/AIA/80
App.
Filed
Assignment
File
3.73(c) StatementPTO/AIA/96
ADSADS
ADS namingApplicant
General POA PTO/AIA/80
Can file with App.
Record AssignmentSeparately
Power of Attorney- PTO/AIA/82
• Way #2 File:
– Power of Attorney (PTO/AIA/82) Part A- Transmittal for Power of Attorney
- Signed by Attorney/Practitioner, OR- Signed by Applicant (e.g., Company Officer)
Part B- Power of Attorney by Applicant- Signed by Applicant (e.g., Company Officer)
– Assignment- Still Need to Record to Establish Assignee as the Applicant
Power of Attorney- PTO/AIA/82
• Transmittal (Part A)
• Fill in Application Information– Can leave Application
Information blank if filed with application
• Signed by: – Applicant,– Patent Attorney, or– Patent Agent.
Power of Attorney- PTO/AIA/82
• Power of Attorney (Part B)
• Signed by Applicant– Company Officer
President Treasurer Secretary, etc.
– Inventor
Power of Attorney- PTO/AIA/82
• Power of Attorney (Part B)
• Apparently, the USPTO allows you to “recycle” Part B forms and use them for other applications– Just need to update
Part A for each application
Power of Attorney- PTO/AIA/82
• When to Use PTO/AIA/82 Form (Way #2)– Want to establish Power of Attorney with the
filing of the application- assignments might take a while to get signed.
– Multiple inventors or assignees not wanting to assign to the same company
• Issues– Need to have the correct box checked– Still need to record the assignments
Power of Attorney Example #3- PTO/AIA/82
Part B
Client(Officer)
Signed
Part A
USPTO
Power of Attorney Example #4- PTO/AIA/82
Andy
Betty
Signed
Part B
Betty
Part B
AndyPart B
Signed
Part B
Part A
USPTO
Power of Attorney Example #5- PTO/AIA/82
App.
Filed File
ADSADS
ADS namingApplicant
Can file with App.
Record AssignmentSeparately
Part BPart A
Power of Attorney- Continuing Applications
• Allowed to use parent POA if you supply a copy of the parent POA– Exception: POA by inventor and CON/DIV
names an inventor not in the parent– 37 CFR 1.32(d) p. 32
• Lose POA if you add a new inventor without POA from new inventor – 37 CFR 1.32(e) p. 32
More Information and Questions…
• Contact: Chuck Schmal
Phone: (317) 713-4954Email: [email protected]
AIA Final Rules
Power of Attorney
March 20, 2013
©2013 Woodard, Emhardt, Moriarty, McNett & Henry LLP