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Topic: Correction of inventorship (Read 306 times) |
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Rod Doempke
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I am trying to remove a named inventor from an application.
Unfortunately, we cannot find the named inventor to obtain his signature.
I know you can file a petition if you cannot obtain the signature of a correct inventor.
However, 1.48(a) or 1.47 does not discuss what to do if you cannot find the inventor that is to be removed.
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JimIvey
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Senior Member
 
Posts: 2584
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Re: Correction of inventorship
« Reply #1 on: Aug 24th, 2007, 2:33pm » |
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There's a rule relatively close to that in 37 CFR that deals with proceeding without an inventor's signature. You might see if you can combine that with 1.47/8 to meet your needs.
In addition, it doesn't always require the inventor's signature. If you amend the claims such that the contribution of that inventor is no longer recited, I don't think you need his signature to remove him as an inventor.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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patentsusa
Junior Member
Posts: 81
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Re: Correction of inventorship
« Reply #2 on: Aug 24th, 2007, 2:37pm » |
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It seems that you need a 1.47 petition. You can outline whatever efforts you made to locate the inventor, send a copy of the application to the last known address of the inventor, then say the inventor could not be found after you made your best efforts. You could call the petitions branch at the PTO if you have questions, they are very helpful folks there.
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Deepak Malhotra, JD, BSEE
Registered Patent Attorney
Malhotra Law Firm
www.patentsusa.com
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