[Patentpractice] For a provisional application, difficulty getting one inventor's signature

Carl Oppedahl carl at oppedahl.com
Fri Dec 20 16:44:09 UTC 2024


David, what Rick is drawing your attention to is a list of two distinct 
issues.

  * One is summarized in PCT Declaration Number Two:  how did it come to
    be that the corporate applicant can legitimately be the applicant
    given that the inventors are human beings?
  * Another is summarized in PCT Declaration Number Three:  how do we
    explain away the discrepancy of the applicant name for the PCT
    application being non-identical to the applicant name for the
    priority application?

You were letting us know that you think you have sidestepped the second 
issue by having filed your provisional with an ADS.

But Rick was trying to draw your attention to the first issue.  I did 
not see anywhere in your response where you addressed the first issue.

Again, I lectured on this at length just ten days ago in a 
free-of-charge webinar.  Slides 23-38.

On 12/20/2024 9:21 AM, David Boundy via Patentpractice wrote:
> I did.  Did you see my response?   The cases cited in your article are 
> from before the AIA, when "applicant" was the inventors.  This is a 
> post-AIA provisional with a correctly-designated applicant.   My 
> understanding of the Paris Convention is that it's "applicant" that 
> matters, not "assignee."   Is that sound?
>
> On Fri, Dec 20, 2024 at 10:52 AM Rick Neifeld 
> <richardneifeld at gmail.com> wrote:
>
>     David - Failing to secure assignment from all inventors, prior to
>     filing your nonprovisional, jeopardizes entitlement to the ROP in
>     all countries.  Ddi you read my article?
>
>
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