[Pct] Ex Officio Changes to the Request form

[McBean, Paul]

With regard to the “inventors as applicants” change, is it possible that they were made applicants because your original applicant (whoever that is) cannot be an applicant for all designated states (they are ineligible to be an applicant in the US and file at the RO/US)?  I think the USPTO would reject your POA at that point since the inventors (now applicant / inventors) have not (I assume) signed the POA.

Paul

From: Pct <pct-bounces at oppedahl-lists.com> On Behalf Of Timothy Snowden via Pct
Sent: Monday, November 27, 2023 5:50 PM
To: Russell Nugent via Pct <pct at oppedahl-lists.com>
Cc: Timothy Snowden <timothy at thompsonpatentlaw.com>
Subject: Re: [Pct] Ex Officio Changes to the Request form

Re: #3 on drawings -- I usually politely point out that the USPTO downgraded the drawings, and that we are re-submitting them for convenience sake. You can submit the repsonse via ePCT to avoid USPTO image damage again. I've never had that response rejected.

On 11/27/2023 4:26 PM, Russell Nugent via Pct wrote:
Dear Group,

I filed a PCT application in the USPTO (client's decision not mine) and I have gotten some confusing correspondence back.  The USPTO made ex officio changes that I can object to.  The first change was that all of the inventors that were listed as Inventors only have been changed to inventors and applicants.  Can anyone think of a reason they would decide on their own end that the inventors are applicants too?

They then rejected my POA as not being signed by all of the applicants.

In addition, what is the current thinking/solution to the images being degraded by the USPTO.  They objected to the drawings as not being clear, and the drawings that I downloaded from Patent Center are of poor quality.  Resubmitting the drawings that are good quality will presumably not fix this issue.  Suggestions and advice please (other than to file in WIPO next time)?


Thanks,

RUSSELL D. NUGENT
Attorney at law


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