Application information includes whether the request discloses a substantial part of the subject matter of a request under a 37 CFR 5.2(c) non-disclosure order. 37 CFR 1.76(b)(3) further requires the patent applicant for a plant to indicate the Latin name and variety denomination of the claimed plant. The Latin name of the genus and species, as well as the varietal denomination of the claimed plant, shall normally be included in the specification of the plant patent application and shall be included in any publication of a plant patent or plant patent application if it is contained in an application data sheet or patent application. In accordance with the International Convention for the Protection of New Varieties of Plants (commonly known as the UPOV Convention), the Office has been requested to establish a database on patented plants and this database must contain the Latin name and variety denomination of each patented plant. Having this information in an ADS will make the process of compiling this database more efficient. Since September 16, 2012, separate procedures are no longer necessary for the rectification of inventorship and for the correction of an inventor`s name or the order of inventors` names. 37 CFR 1.48(f) allows an applicant to change or update the name of a particular inventor if his or her legal name has changed (e.g., due to marriage) or if an inventor`s name contains an error (e.g., typing or transliteration errors or inverting of first or last names) and allows an applicant to adjust the order of the names of co-inventors (e.g. to check the order of names on a printed patent). 37 CFR 1.48(f) expressly provides that any request to correct or update the name of the inventor or co-inventor or the order of the names of the co-inventors in a non-provisional application shall contain: (1) an application data sheet pursuant to 37 CFR 1.76 identifying each inventor by his or her legal name in the desired order (indication of information, amended in accordance with 37 CFR 1.76 (c)(2)); and (2) processing fees in accordance with 37 CFR 1.17(i). In addition to the corrected application datasheet, the application must also indicate the desired change in the inventor`s name. The wording of 35 U.S.C. 115 and 37 CFR 1.66 is such that an attorney in the petition is not precluded from taking the oath as a notary.
The study assumes that a notary lawyer is aware of the extent of his powers and responsibilities and does not knowingly endanger the rights of his client by an illegal act. If such a practice is permitted by the law of the jurisdiction in which the oath is taken, the oath is a valid oath. For applications filed on or after September 16, 2012, inventor status in the continuing application is the inventor or co-inventors identified in the ADSs filed before or with a copy of the oath or declaration of the previously filed application. If an ADS is not filed before or with a copy of the oath or declaration of the inventor, inventorship is the status of inventor in the copy of the inventor`s oath or declaration of the previously filed application, unless accompanied by a statement signed by a party in accordance with 37 CFR 1.33(b) indicating the name of each inventor in the continuing application. Any new joint inventor named in this application must take an oath of allegiance or declaration by the inventor, except as provided in 37 CFR 1.64. It is not necessary for a signature to be made in a particular way. See MPEP § 402.03. It is permissible for an applicant to use a title of nobility or another title such as “Dr.” in connection with his signature. The title does not appear in the printed patent.
If the applicant signs his name with non-English characters, such a signature will be accepted. If the applicant is unable to write, his mark must be certified on the oath or statement of a witness. In the case of an oath, the signature of the notary à jurat is sufficient to certify the mark. See MPEP § 602. (1) a registration data sheet in accordance with § 1.76 identifying each inventor by his legal name; and See MPEP § 602.01(c)(1) for a copy of Form PTO/AIA/40, which can be used to correct or update the name of the inventor or to change the order of names in applications (except for requests for reissue). The requirement that an oath or declaration designates the inventor or co-inventor who takes the oath or declaration by his or her legal name and the application to which he or she addresses is necessary for the Office to ensure compliance with the requirement of Article 35 U.S.C.
