600 Parts, Form, and Content of Application

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600 Parts, Form, and Content of Application

Filing non-provisional application automatically corrects errors

The previous rules provided an alternative method for correcting errors in provisional applications. Specifically, in ยง 201.03 section VI the 8th edition (Rev. 9 2012) the MPEP instructed that filing a non-provisional application with inventor overlap would correct any errors as to inventorship in a provisional application. This language, however, is absent in the present edition even though it is based on the same law ...more »

Submitted by (@nubine7)

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600 Parts, Form, and Content of Application

MPEP 608.02(a) - when are drawings and content thereof required

The MPEP should more clearly spell out when drawings are actually necessary. In process inventions, it seems that drawings should not be required, but the text of MPEP 608.02 seems to be an open invitation to examiners to make unnecessary requirements. Moreover, what exactly does "admits of illustration by a drawing" mean? Is it not possible to articulate the statute in more clear language into the rule? 35 USC 113 ...more »

Submitted by (@dlightner)

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600 Parts, Form, and Content of Application

605.01: clarify partial and obligated assignee-Applicant

Fact pattern: A corporation is applying for a patent. A first inventor has signed the Assignment papers assigning that inventor's rights to the corporation. A second inventor is on vacation and cannot sign the Assignment before filing, but is under an obligation to assign to the corporation. MPEP 605.01, and the language in the ADS (PTO/AIA/14 (11-15)), are unclear about whether to list one or two Applicants in this ...more »

Submitted by (@chrisw)

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