|
How
to assist minor children with the prosecution of patent applications.This
is legal material from the United States Patent and Trademark Office. The
material below is that section of patent law that deals with minors and
guardians - for a better understanding of the patent process use the related
resources listed on the right. As an adult you would be wise to learn all
you can about the patent process to better help a young inventor, however,
filing a patent requires most people to use a intellectual property lawyer.
Unless you are very experienced - so will you have to.
Parents may
apply to the Director of Office of Enrollment and Discipline for limited
recognition to prosecute specified child inventor's patent applications
with a showing that the limited recognition is necessary and justifiable
37 CFR §
10.9 Limited recognition in patent cases. (a) Any individual not registered
under § 10.6 may, upon a showing of circumstances which render it
necessary or justifiable, be given limited recognition by the Director
to prosecute as attorney or agent a specified application or specified
applications, but limited recognition under this paragraph shall not extend
further than the application or applications specified.
MPEP 402.01
Exceptions as to Registration If a request for special recognition accompanies
the application, the Application Division will forward the file to the
Director of Enrollment and Discipline.
MPEP 1002.02(m)
Petitions Decided by the Director of Enrollment and Discipline ... Requests
for limited recognition under 37 CFR 10.9.
(c) Review
of Director's decision. Any final decision of the Director refusing to
... recognize an individual under § 10.9 ... may be reviewed by petition
to the Commissioner upon payment of the fee set forth in § 1.21(a)(5).
A petition filed more than 30 days after the date of the decision of the
Director may be dismissed as untimely. Any petition shall contain (1) a
statement of the facts involved and the points to be reviewed and (2) the
action requested. Briefs or memoranda, if any, in support of the petition
shall accompany or be embodied therein. The petition will be decided on
the basis of the record made before the Director and no new evidence will
be considered by the Commissioner in deciding the petition. Copies of documents
already of record before the Director shall not be submitted with the petition.
An oral hearing on the petition will not be granted except when considered
necessary by the Commissioner.
Last
page > Teaching
About Innovation
|
| 