MPEP 324 - Establishing Right of Assignee To Take Action in Application Filed Before ...

Описание: MPEP 300 - Ownership and Assignment (playlist, 19 videos)
   • MPEP 300 - Ownership and Assignment  

Section Summary
MPEP § 324: “Establishing Right of Assignee To Take Action in Application Filed Before September 16, 2012.”
This section explains how an assignee may demonstrate and exercise the right to act on behalf of a patent application or patent that was filed before September 16, 2012, under pre-AIA provisions. It outlines who qualifies as an assignee—whether a single assignee holding full ownership or multiple partial assignees sharing ownership—and the conditions under which such entities can conduct prosecution or other patent-related actions in place of the inventors. It details the procedural requirements for establishing ownership through submission of a statement under pre-AIA 37 CFR 3.73(b), including documentary evidence of a chain of title, the timing of submissions, and the authority of signatories. The section also distinguishes between circumstances in which ownership must or need not be established, clarifies the treatment of continuing applications and reexaminations, and provides guidance on conflicts between competing ownership claims, ensuring that only properly recognized owners or assignees may take action before the Office.

Illustration Explanation
The image represents how the assignee’s authority in a pre-2012 patent application is established through verifiable documentation—illustrating that legal standing arises from recorded, traceable ownership rather than from direct invention or possession.

Edition Referenced
Manual of Patent Examining Procedure (MPEP)
Ninth Edition, Revision 01.2024

Disclaimer
This summary of the MPEP was generated using AI tools, including ChatGPT and NotebookLM, and may contain errors or omissions. It is provided for general educational and informational purposes only and is not legal advice or a substitute for formal instruction. For authoritative guidance, consult the official MPEP, a qualified instructor, or a registered patent practitioner.

MPEP (Manual of Patent Examining Procedure)
https://www.uspto.gov/web/offices/pac...

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Creative Director
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