By: Mark Malek In my last post I discussed the different parts of a patent application. You may recall that one of the parts, the most important part, was the claims. The claims outline the scope of protection that is being sought in the patent application. After the patent application successfully passes through examination process, […]
Widerman Malek Law Blog
The Parts Of A Patent Application
The Parts Of A Patent Application
There are many parts of a patent application, and each part is very important to the patent application. When drafting a patent application, it is important to be sure that it is complete, and that it can withstand challenges to validity based on formalities.
Inventorship and Fraud
Inventor and Fraud
If an inventor is under an obligation to assign the rights to an invention to a company, it would be fraud to try to file the application in the name of another. Engaging in such fraud can open up (and tip over) a can of worms for the inventor that may not be easily cleaned up.
Obtaining Patent Rights For A Deceased Inventor
Obtaining Patent Rights For A Deceased Inventor
If an inventor passes away prior to filing a patent application, or prior to executing an oath or declaration, a substitute statement can be filed by the deceased inventor’s legal representative.
Uncooperative Inventors
Uncooperative Inventors
What happens when an inventor refuses to sign filing documents of a patent application? Remaining inventors may file the patent application without the uncooperative inventor.
How to Correct Inventorship
How To Correct Inventorship On A Patent Application
In cases where either the wrong inventors were listed on a patent application, or if the proper inventors were omitted from the patent application, the Patent Office provides a process for correcting inventorship.
Supreme Court Rules That Genes Are Not Patentable
Supreme Court Issues Myriad Gene Patent Ruling
The United States Supreme Court has ruled that an isolated gene is not patentable. The Supreme Court also ruled that the method of isolating the genes, as well as the composite DNA that Myriad Genetics developed were both patent eligible.
The Effect Of Listing An Improper Inventor On A Patent Application
The Effect Of Listing An Improper Inventor On A Patent Application
An inventor is someone that has had some sort of input into a claim that is listed in a patent application. If an improper inventor is listed on a patent application, then the patent that may eventually issue may be invalidated. This is also the case when not all of the inventors are listed on the patent application.
Who Is An Inventor In A Patent Application?
It is important for a patent application to list the proper inventors. An inventor is not just someone that you want to put on a patent application, but must be someone that contributed in some way to at least one claim in the patent application.
Getting A Refund From The Patent Office If You Are Now A Small Entity
By: Mark R. Malek This concludes the series of articles that I have been writing on entity status in the United States Patent Office. The first article introduced the new micro-entity status. The next article gave some background information on what would happen if you claimed the wrong entity status before the USPTO, and the latest […]
