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AIA Power of Attorney Practice Presentation Mar-20-2013
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AIA Power of Attorney Practice Presentation Mar-20-2013

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  • 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