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(Message started by: ray.nyls on Dec 19th, 2007, 12:35am)

Title: correction of inventorship question
Post by ray.nyls on Dec 19th, 2007, 12:35am
someone who's studying for the exam, taken it, or just generally knos from practice - please help: oct 2000, am, Q19 - why in this situation continuation to correct inventorship appropriate and not by 1.48a?  

i read both 1.48 and mpep201.03, i'm sure i'm just missing something, but i don't see what distinction is made about when a continuation is appropriate over a 1.48a correction... it says "filing of a continuing application to correct the inventorship is appropriate if at least one of the correct inventors has been named in the prior application"... but 1.48 does not preclude correcting inventorship through a declaration where at least one inventor has been named in the application does it?  so why do a continuation where more fees would apply?

hope someone can point out what i'm apparently missing to see here...

thanks much

Title: Re: correction of inventorship question
Post by BotchedExperiment on Dec 19th, 2007, 8:04pm
PLI materials simply say that continuation is what the PTO "prefers".  I guess that's why continuation is the "best" answer.

Title: Re: correction of inventorship question
Post by matt sty on Dec 21st, 2007, 9:06am
how do you get access to that exam, the October 2000 exam?

Title: Re: correction of inventorship question
Post by ray.nyls on Dec 21st, 2007, 9:25am
avail for download on mypatentbar dot com i think, i've been on so many websites i honestly dont remember where i myself got them from, sorry - But I know this information is posted on this forum so if it's not where i'm suggesting juts look through some postings here you will find out...

Title: Re: correction of inventorship question
Post by smgsmc on Dec 21st, 2007, 11:42am

on 12/21/07 at 09:06:37, matt sty wrote:
how do you get access to that exam, the October 2000 exam?

http://www.legaled.com/patentbarexam.htm

Title: Re: correction of inventorship question
Post by Matt Sty on Dec 26th, 2007, 2:46pm
re: question 19

Letter C is correct because D doesn't include written consent from the assignee as explained in the answers (which you now know)

re: distinction between continuation over 1.48a for correction of inventorship

by my research (i hope to be corrected if wrong), the two are practically interchangeable unless there isn't an inventor in common then only 1.48a applies.



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