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AIA Final Rules Power of Attorney March 20, 2013.

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Presentation on theme: "AIA Final Rules Power of Attorney March 20, 2013."— Presentation transcript:

1 AIA Final Rules Power of Attorney March 20, 2013

2 Power of Attorney

3 Why file a Power of Attorney? –Allows the firm access to applications before publication Important for status checks at the USPTO –Helps out attorneys with interviews –Terminal disclaimers

4 Power of Attorney Original applicant filing the application is presumed to be the owner (not the inventors), unless later assigned. 37 CFR 3.73(a) –ADS names the Applicant then they are presumed to be the owner and the patent will issue to them Statement Under 3.73(b) is now 3.73(c)

5 Power of Attorney Two Ways to Accomplish: 1.General POA (PTO/AIA/80) + 37 CFR 3.73(c) Statement (PTO/AIA/96) 2.Transmittal For Power of Attorney (PTO/AIA/82) - Part A- Transmittal Identifying the Application - Part B- Power of Attorney

6 Power of Attorney- PTO/AIA/80 Way #1 File: –General Power of Attorney (PTO/AIA/80) Signed by Applicant- e.g., Company Officer –37 CFR 3.73(c) Statement (PTO/AIA/96) Signed by either: -Attorney/Practitioner Identified on AIA/80 -Applicant- e.g., Company Officer –Assignment Record ahead of filing Power of Attorney; OR Attach copy of Assignment & Record Same Day

7 Power of Attorney- PTO/AIA/80 General POA PTO/AIA/ (c) Statement PTO/AIA/96

8 Power of Attorney Example #1- PTO/AIA/80 App. Filed Assignment RecordFile 3.73(c) Statement PTO/AIA/96 Reel/Frame No. ADS ADS naming Applicant New General POA PTO/AIA/80

9 Power of Attorney Example #2- PTO/AIA/80 App. Filed Assignment File 3.73(c) Statement PTO/AIA/96 ADS ADS naming Applicant General POA PTO/AIA/80 Can file with App.

10 Power of Attorney- PTO/AIA/82 Way #2 File: –Power of Attorney (PTO/AIA/82) Part A- Transmittal for Power of Attorney -Signed by Attorney/Practitioner, OR -Signed by Applicant (e.g., Company Officer) Part B- Power of Attorney by Applicant -Signed by Applicant (e.g., Company Officer) –Assignment- Still Need to Record to Establish Assignee as the Applicant

11 Power of Attorney- PTO/AIA/82 Transmittal (Part A) Fill in Application Information –Can leave Application Information blank if filed with application Signed by: –Applicant, –Patent Attorney, or –Patent Agent.

12 Power of Attorney- PTO/AIA/82 Power of Attorney (Part B) Signed by Applicant –Company Officer President Treasurer Secretary, etc. –Inventor

13 Power of Attorney- PTO/AIA/82 Power of Attorney (Part B) Apparently, the USPTO allows you to recycle Part B forms and use them for other applications –Just need to update Part A for each application

14 Power of Attorney- PTO/AIA/82 When to Use PTO/AIA/82 Form (Way #2) –Want to establish Power of Attorney with the filing of the application- assignments might take a while to get signed. –Multiple inventors or assignees not wanting to assign to the same company Issues –Need to have the correct box checked –Still need to record the assignments

15 Power of Attorney Example #3- PTO/AIA/82 Part B Client (Officer) Signed Part A USPTO

16 Power of Attorney Example #4- PTO/AIA/82 Andy Betty Signed Part B Betty Part B Andy Part B Signed Part B Part A USPTO

17 Power of Attorney Example #5- PTO/AIA/82 App. Filed File ADS ADS naming Applicant Can file with App. Part B Part A

18 Power of Attorney- Continuing Applications Allowed to use parent POA if you supply a copy of the parent POA –Exception: POA by inventor and CON/DIV names an inventor not in the parent –37 CFR 1.32(d) p. 32 Lose POA if you add a new inventor without POA from new inventor –37 CFR 1.32(e) p. 32

19 More Information and Questions… Contact: Chuck Schmal Phone: (317)

20 AIA Final Rules Power of Attorney March 20, 2013 ©2013 Woodard, Emhardt, Moriarty, McNett & Henry LLP


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