600 Parts, Form, and Content of Application

601.05(a), II: Don't need strikeout when first adding Applicant

601.05(a), II (Jan. 2018) at 600-50--51 says that:

 

A corrected ADS accompanying a request to change the applicant ... must show the changes in applicant information relative to the applicant information on the most recent filing receipt, even if ... an applicant was not previously identified in an ADS ...

 

However, I don't believe that matches the Office's current practice. Specifically, if no Applicant has been specified, I don't think you have to show the inventors' names struck through on an ADS adding an Applicant. Example fact pattern:

 

- I filed a case in 2014 with an ADS leaving the "Applicant" section blank.

- I received a filing receipt listing the inventors as the "Applicant(s)".

- I filed a Supplemental ADS in 2016 showing two new organizational Applicants. That ADS showed the new Applicant information underlined, but *did not* show the inventors' names struck through.

- I received a corrected filing receipt listing the new organizational Applicants, and omitting the former inventor-Applicants.

 

In this example, the Office accepted the ADS even though it did not show all of the changes from "the most recent filing receipt" (it showed the addition of the organizational Applicants, but not the removal of the inventors as Applicants). Would you please update the MPEP to reflect this Office practice? Perhaps text like this:

 

A corrected ADS accompanying a request to change the applicant ... must show the changes in applicant information relative to the applicant information on the most recent filing receipt, even if ... an applicant was not previously identified in an ADS_,_ because the filing receipt identifies the applicant information of record. _However, if no Applicant was indicated on an ADS filed with the application, a corrected ADS indicating a new applicant with underlining does not need to show the removal of the inventor-applicant(s) with strikethroughs.

 

_Similarly, where the most...

 

(all opinions my own)

Tags

Voting

0 votes
0 up votes
0 down votes
Active
Idea No. 245