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Get the free (35 USC 115(d) AND 37 CFR 1.64) - Justia

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Doc code: REID.DEAL Document Description: Reissue Declaration Filed In Accordance With MPP 1414 PTO/$, $ (06-12) Approved for use through 01/31/2014. OMB 0651-003 U.S. Patent and Trademark Office;
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How to fill out 35 usc 115d and

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How to fill out 35 USC 115d:

01
Familiarize yourself with the requirements: Start by thoroughly reading and understanding the provisions of 35 USC 115d. This section of the United States Code outlines the procedures and requirements for filing a declaration for an application by an inventor who is deceased, legally incapacitated, or otherwise unable to execute the application themselves.
02
Gather relevant information: Collect all the necessary information and documents required to complete the declaration. This may include the inventor's name, address, date of death or incapacitation, and any legal documentation supporting your authority to sign on behalf of the inventor.
03
Complete the declaration form: Use the official declaration form provided by the United States Patent and Trademark Office (USPTO). Fill out all the required fields accurately and ensure that the information provided is consistent with the supporting documents.
04
Sign the declaration: As the person filling out the declaration form, you will need to sign it under penalty of perjury. This indicates that the information provided is true and accurate to the best of your knowledge.
05
Submit the declaration: Once the declaration is completed and signed, it should be submitted to the USPTO. Follow the specified filing procedures, which may include mailing the form, submitting it electronically, or using an online filing system.

Who needs 35 USC 115d:

01
Executors or administrators of a deceased inventor's estate: When an inventor passes away and leaves behind an invention or patent application, the executor or administrator of their estate may need to fill out 35 USC 115d. This allows them to legally execute the application on behalf of the deceased inventor.
02
Legal representatives of incapacitated inventors: If an inventor becomes legally incapacitated and is unable to sign a patent application, their legal representative, such as a guardian or power of attorney holder, may be required to complete 35 USC 115d. This enables them to act on behalf of the incapacitated inventor in submitting the application.
03
Assignees or successors-in-interest: In certain circumstances, an assignee or a successor-in-interest, who has acquired the rights to an inventor's patent application, may need to fill out 35 USC 115d. This is done to ensure the legal transfer of rights and to proceed with the application process.
Please note that the information provided is for general informational purposes only and should not be considered legal advice. It is always advisable to consult with a qualified attorney or patent professional for specific guidance on filling out 35 USC 115d or any other legal matters related to patents.
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