AIA Power of Attorney Practice Presentation Mar-20-2013
Upcoming SlideShare
Loading in...5
×

Like this? Share it with your network

Share
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
2,799
On Slideshare
2,136
From Embeds
663
Number of Embeds
2

Actions

Shares
Downloads
19
Comments
0
Likes
0

Embeds 663

http://www.uspatent.com 662
http://webcache.googleusercontent.com 1

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. AIA Final Rules Power of Attorney March 20, 2013
  • 2. Power of Attorney
  • 3. 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
  • 4. 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)
  • 5. 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
  • 6. 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
  • 7. Power of Attorney- PTO/AIA/80 General POA 3.73(c) Statement PTO/AIA/80 PTO/AIA/96
  • 8. Power of Attorney Example #1- PTO/AIA/80 Reel/Frame No.Filed Record File ADSApp. Assignment New 3.73(c) Statement PTO/AIA/96 ADS naming General POA Applicant PTO/AIA/80
  • 9. Power of Attorney Example #2- PTO/AIA/80Filed Can file with App. File ADSApp. Assignment General POA 3.73(c) Statement ADS naming PTO/AIA/96 PTO/AIA/80 Applicant
  • 10. 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
  • 11. 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.
  • 12. Power of Attorney- PTO/AIA/82• Power of Attorney (Part B)• Signed by Applicant – Company Officer  President  Treasurer  Secretary, etc. – Inventor
  • 13. 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
  • 14. 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
  • 15. Power of Attorney Example #3- PTO/AIA/82 Signed Client (Officer) Part B A Part USPTO
  • 16. Power of Attorney Example #4- PTO/AIA/82 Signed Part B Betty Signed Betty Part B Andy Andy Part B A Part Part B USPTO
  • 17. Power of Attorney Example #5- PTO/AIA/82Filed Can file with App. File ADSApp. ADS naming Part A Part B Applicant
  • 18. 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
  • 19. More Information and Questions…• Contact: Chuck Schmal Phone: (317) 713-4954 Email: cschmal@uspatent.com
  • 20. AIA Final Rules Power of Attorney March 20, 2013©2013 Woodard, Emhardt, Moriarty, McNett & Henry LLP