Miscellaneous

Acceptance/Rejection of AIA Compliant Declarations

Currently, it seems there is only a Notice issued if no Declaration is submitted, or if the Declaration is not proper.

 

1) We have received a lot of these Notices when a Declaration HAS been proper, just not the supplied USPTO form.

 

2) There is no indication on the Notice whether a Declaration is faulty or missing entirely, which would be much more helpful. (For example, if the Notice were to state a Declaration was received, but does not contain the required statements; the inventor name does not match that which was submitted on the ADS; etc.)

 

3) It would be very helpful if a Notice were issued when a Declaration is accepted if so many erroneous Informational Notices are being issued. (Currently, if a Notice is received that we believe is an error, we file a Response, but there is no recourse to know if the Dec is then acceptable or not)

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Idea No. 41