Company as applicant under AIA

[Rheo]

Hello,

I just want to make sure that I understand a company as applicant under the AIA.

Declarations: Each inventor still has to sign one, but they can be turned in later on if necessary

Assignment: The inventors still have to sign an assignment transferring ownership to the company / applicant --- does this have to be recorded on the same day as the application or can it be filed later?

Power of attorney: An officer of the company / applicant can sign the POA - the inventors do not sign POAs

Application data sheet: The company has to be entered under Applicant, checking the "Assignee" box

Did I get anything wrong? Is there anything I am not aware of?

Thanks in advance!

[moonman]

Declarations: Each inventor still has to sign one, but they can be turned in later on if necessary

Yes, the deadline is now based off a notice of allowability. If you're filing without a declaration, pay the surcharge at filing to avoid a notice of missing parts for the surcharge.

Assignment: The inventors still have to sign an assignment transferring ownership to the company / applicant --- does this have to be recorded on the same day as the application or can it be filed later?

It can be recorded any time.

Power of attorney: An officer of the company / applicant can sign the POA - the inventors do not sign POAs

Yes, but see below.

Application data sheet: The company has to be entered under Applicant, checking the "Assignee" box

Yes. However, if the assignment has not been filed (or won't be filed by the time the PTO reviews the ADS), then check the "obligated to assign" box. Otherwise your power of attorney from the company officer will get kicked back.

[Rheo]

Thank you for the answer.

What steps have to be taken if one or more of the inventors refuse to sign a declaration?

[MYK]

What steps have to be taken if one or more of the inventors refuse to sign a declaration?

There's an enormous chunk of the MPEP dealing with that.  See Chapter 400, especially 409.