Assignee not of record CAN sign an assertion of small entity status but CANNOT file a terminal dislcaimer

From Patentbarquestions

Jump to: navigation, search

[from MyPatentBar]


Which documents can an assignee not of record sign?

One question was, what things can an assignee sign, if he has never properly recorded his ownership?


Answer: Small Entity Status only


MPEP 324 VII. WHEN OWNERSHIP NEED NOT BE ESTABLISHED

Examples of situations where ownership need not be established under 37 CFR 3.73(b) are when the assignee: signs a request for a continued prosecution application

under 37 CFR 1.53(d), where papers establishing ownership under 37 CFR 3.73(b) were filed in the prior application and ownership has not changed (MPEP § 201.06(d));

signs a small entity statement (MPEP § 509.03); signs a statement of common ownership of two inventions (MPEP § 706.02(l)(2));

signs a NASA or DOE property rights statement (MPEP § 151); signs an affidavit under 37 CFR 1.131 where the inventor is unavailable (MPEP § 715.04);

signs a certificate under 37 CFR 1.8 ( MPEP § 512); or files a request for reexamination of a patent under 37 CFR 1.510 ( MPEP § 2210).

Personal tools