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Byline patent

Okay Welcome back to Invention-Con 2020 the second half of day one remember that there is programming both Friday and Saturday if you haven't checked the agenda for those programs you can do so at uspto.gov you can search for inventioncon and the agenda will pull up on our evention con landing page if you have any questions during the program please remember on the right side of your screen in the description you will see an email address for inventioncon uspto.gov please feel free to email us questions during the presentation i will be monitoring the mailbox and asking questions of our presenter after the presentation is done but if you have any questions that come up during the presentation feel free to email us those presentations and we will get those in front of the presenter before the program is over we will send those questions out to our presenters to help get answers if we don't answer it live today so please know that we will get to your questions one way or the other at this time i'd like to introduce janice tippett janet will be janice will be presenting on best practices for filing a successful patent application janus works in the management and program as a management and program analyst in the office of patent application processing here at uspto and at this time i'll turn it over to janus janice thank you for presenting today thank you sean um like sean said i'm management program analyst for the office of patent application management and um it's my job to kind of help our operators know how to apply the rules and and process applications uh consistently and correctly and and so my job today is to help guide you through filing an application a patent application that um you know so that you can get through the filing process uh quickly and without problems i'm not able to there we go all righty um and this presentation is going to be again how to avoid common application filing issues so this is going to address some of the things that we see most often especially with independent inventors that kind of cause us a bit of a stumbling block to getting through the application process and getting to an examiner for compatibility okay so one of the biggest things that we see um is that documents are not properly signed all documents submitted to the patent and trademark office in an application need to be properly signed and what this means is if you're working with a registered practitioner the practitioner can sign documents even if you haven't appointed him to have power of attorney if you're just using him as consultation or whatever and um and he signs the documents if you're not working with a registered practitioner and you don't have an applicant named on an application data sheet and we'll get to that later um then all inventors must sign each document or submission and what we find a lot is that one applicant or one inventor will sign for the other applicants or inventors and um but they won't have like the authority to do so um if you are planning to do that and you're not working with a registered practitioner all the inventors may come together and appoint one of the inventors to prosecute the application on everyone else's behalf each inventor must sign the form that is appointing the inventor and we do have a form on our website and the form is pictured here and you would want to fill one of these out for each inventor listed as an inventor so if you have four inventors and you're giving john brown the power to act on behalf of all of the other app um inventors then inventor one would need to fill the one of these out and sign it inventor two would need to fill one out and then sign it inventor three would need to go one out and sign it and john brown also would need to fill one out and sign it to appoint himself so we need the entire inventive entity to sign that okay working with a practitioner if you are working with a practitioner and you know he can he can sign just about anything there are one or two exceptions to what a practitioner can sign on the inventor's behalf the office does strongly recommend that you consult with a practitioner just to help guide you through all the different rules and requirements to get a patent application through and then if there is an applicant named on the ads that a practitioner must sign the submissions on behalf of that applicant okay the signatures must be properly formatted so in addition to having the right people sign the documents the signatures also they can be handwritten or electronic and certain formatting requirements um rule each of those so if the signature is not properly formatted the document will be considered to be not signed and any unsigned documents or submissions will not be entered into the file record so it's very important to sign properly now an electronic signature is what we call an s signature and an s signature must consist only of letters including kanji is the japanese lettering korean lettering things like that so it's letters or numbers or both spaces commas periods apostrophes or hyphens but no other punctuation or special characters are permitted in an s signature so only letters numbers spaces commas periods apostrophes or hyphens and the person signing must insert his or her own signature which is the combination of letters and numbers and characters between single forward slash marks if you leave off a slash mark or if you have an extra slash mark that is in correct formatting and it will not be accepted as a proper signature the name of the person must be printed or typed immediately adjacent to or below the s signature and be reasonably specific so that this identity can be recognized so that we can confirm who it is that's signing the document to make sure that they have the appropriate authorization a registered practitioner may assign but his or her registration number is required as part of the s signature and you can see the examples below the signature does not need to include middle initials but the signature must contain a suffix if there is a suffix for the name of the person signing so if you have an s signature the suffix doesn't necessarily need to be in between the slashes but it does need to be in the identification for the signer and if the person signing the document is not a registered practitioner if if it's just you know one of the inventors and and um you don't have a practitioner number then the registration number section on any form should be left blank any numbers included with the signature will be interpreted as a registration number and that may invalidate the signature altogether okay a handwritten signature must be original or a copy of an actual signature if you use a copy of the signature you know if you use a copy of the form that was originally signed um then you want to keep the original with the original signature on hand so that you can um proof of approve authenticity if need be later on if someone maybe says that um there was a forgery or or someone signed on your behalf or something without your knowledge you know you can um you can authenticate that signature by keeping the original okay and if there is a handwritten signature there is no requirement for a printed name to accompany that however the handwritten signature if we can read it and it does not appear to identify the signer then we would also find that unacceptable okay when using any of our web-based forms um additional signatures can be used can be added using the add button and there's a highlighted down there at the bottom to show where those normally can be found on the um on the web forms and any other forms if if you use a form that's not a pto web form then us additional signatures would need to be added um by other means you know by adding additional lines or or something like that and just so um that we have all the information that we need and all of the uh language is is clear and and appropriate the uspto does strongly recommend the word the use of our web-based forms they're designed so that we do have all of the information that we need and so that we can collect that information quickly and efficiently okay when you submit documents to the u.s patent trademark office these are the following um these are the submission methods that you can use any of these can be used to send documents to the patent trademark office however a certificate of mailing is not honored for the purposes of a filing date so you can send your application in the mail just regular mail but the filing date will be whenever we get it in our hands if you submit an application using the priority mail express service then we consider the application to have been received when it is received in the post office so if there's any kind of delay or anything like that you still get the benefit of the date that you handed it to the post office and of course there's efs web registered and unregistered users can use efs web to file an application and documents can be faxed to our office however and i'll give the tax number at the end of the presentation however anything that is required to be in the file that needs to be there for a filing date cannot be faxed to the office it will not be recognized it will not be entered into the file and again it is recommended that any any documents that are required for your filing date of your application are submitted either by priority mail or the efs web services so that in the event that there's a a problem with the transmission or problem with the submission for us getting it we can look into it it's more easily tracked and um and that'll protect your filing a little bit better application data sheet we're going to get into this a little bit here the uspto strongly recommends submitting an application data sheet with the application at the time of filing instead of after filing the application um just because there's a few more extra hoops to go through if you file an adf after you file your application so if you file it with your a your application then it's a little a little easy a little more a little easier and a little more efficient um an adf submitted after filing must be properly marked up um establishment of an applicant after filing is a little more difficult requires more paperwork and benefit claims may or may not be submitted timely if the ads is submitted after filing when your ads is submitted upon filing it must be properly signed as we discussed um in the beginning of the presentation um signature has got to be properly formatted and by the everybody who has authority and needs to sign the application data sheet um the ads will establish the inventorship of the application so you'll want to make sure that all that information is accurate it will establish the applicant when there is applicant information provided on the eds it will present domestic informed benefit claims if you are claiming benefit of a prior filed application either from the u.s or from another country then the ads will present that information however the ads will not establish a power of attorney or a micro entity status even though you can make a notation of that on the ads it is not a proper certification it's not a proper documentation for those two pieces of information we strongly recommend the submission upon filing of an abs or the submission of an adf period because it's easier for the applicant to convey all of the information that they need to convey and it's also more efficient for the office to be able to capture information consistently and accurately and changing information that's not provided on an ads upon filing again with the markings that are required that does sometimes provide a stumbling block for applicants and makes it a little more difficult to get through the process all right an unsigned ads or improperly signed ads is only treated as a transmittal letter so it's it's really low on the list of um application information documents it does not send in veteranship or the applicant it will not establish the benefit of priority claims most information will not be captured from that unsigned or improperly signed ads and it will be captured from other sources which may or may not be as accurate as the applicant would like them to be so it's you know if there's no ads and we have to capture from another document it's it's um it's up to the discretion of the operator to determine that information is very subjective whereas if it's listed on the ads is very clear-cut as to what the information is any information that is captured from other sources will become of record in the application and will be and a marked up ads will be required in order to make any changes to that information um okay all right the application application processing we will capture information as it is provided we cannot attempt to correct um any mistakes that if if it seems as though um a spelling error has occurred or transposed uh letters or names or anything like that we are not able to interpret the intent of the applicant we can only capture the applica the information as provided by the applicant so we will not attempt to correct a transposed or misspelled name any misspelled words in the title or any incorrect application numbers in the domestic benefit or priority claims and as a side note as you're filing your application if you're filing it in efs web there's a selection to be made as to what type and the subject matter of your application and when the applicant selects that during the filing process and selects an incorrect um designation then we also cannot attempt to correct that information either that um that kind of correction would require a petition and um and kind of has a few more hoops to go through so um you want to be very careful and very accurate in selecting the application type and the subject matter as well as making sure that all of your information on your application data sheet is correct the inventorship the inventorship of the application will be the inventor names listed on a properly signed adf and suffixes are used to confirm the proper signatures on the oath and other documents so again if there's a suffix listed for the name of an inventor and that inventor is required to sign documents then we need to see the suffix in the signature in order to confirm that it's the correct person um we wouldn't want john brown senior in the inventorship and john brown without a suffix in the signature because we wouldn't know if that was john brown senior or john brown jr signing the document each inventor must provide his or her mailing address city of residence and state or country of residence um this is in the event that there's a problem with the mailing address that is provided for the application we can have options as to how to get you your correspondence and we also need the residents the city and the state or country when the ads sets inventorship the name provided on the oath or declaration must match the name that's provided on the ads that's because both names or both documents require the legal name and so if the date if the names do not match then we can't confirm that the correct person signed and um so what would what would happen is we would we would use the name set forth in the ads and require a new oath if you get a letter that requires a new oath and the correct person signed to the oath but maybe the name is wrong on the ads um what you'll what you'll get is a letter that says something to the effect of the name on the inventor's oath is not the same as the name on the ads this can be corrected again we have no way of knowing which one is correct so this can be corrected by either correcting the ads by submitting a request to correct the inventorship or it can be corrected by submitting uh new inventors oh if that's the one that has the incorrect name on it um the matching of the names there are some character substitutions that we need to use for foreign characters and those are the only exceptions for the match between the two documents okay docket numbers are recommended but not required but they are recommended for the applicant's identification purposes we do not put the title on our notices we only put the title on the the filing receipt and all of our notices are identified by inventor name and docket number so if you are filing multiple applications you'll want to identify them by docket number so that you can easily identify which application the notice would go to customer numbers customer numbers can be used when designating the correspondence address if you have one if you have a correspondence address um customer number you will have gotten that issued from the patent and trademark office through the ebc and um and you would just provide us your customer number to be used for the correspondence address only if you're if you're not going to type out your correspondence address only use a customer number if one has been issued to you if you put anything besides the pto issued customer number for your cust correspondence address then it's very possible that your correspondence will go to whomever has that number assigned to them and it and it may just be directed to the wrong person so you want to be mindful of that and on the application data sheet there is a filing by reference section and filing by reference is a very specialized process it should only be used in limited circumstances um and we're gonna go into filing by reference a little bit more filing by reference is not the same as claiming a domestic benefit or a foreign priority filing by reference cannot be corrected or rescinded or deleted once a filing date is granted because the filing date is granted based on that reference to another application filing by reference requires that a prior specification is used and so if you fill out the filing by reference section on the application data sheet as well as submitting a specification and claims and drawings for that application we will disregard the specification and claims and drawings that you've sent in lieu of the reference that you've made on your ads a filing by reference will allow you to file an application and obtain a filing date in the event that you don't have a specification ready for this application but you are planning on using the specification from a prior filed application you can use you can refer to that prior file specification until you have your specification ready for this application and again only complete the section of the u.s arts of the ads if you fully understand the reference filing process you want to fully understand what a filing by reference is and why you would want to use it if you do not fully understand the process of filing by reference or the requirements relating to filing by reference please do not complete this section if you have questions about why you would want to or how to use the filing by reference please contact the office and someone would be able to help you if you if you contact the patent legal administration someone should be able to give you some guidance there on the filing by reference but please don't guess that you might use the filing by reference if you are not absolutely sure um let me go back a little bit um filing by reference cannot be deleted or removed it is um if there's a mistake and you actually didn't intend to file by reference then you would need to file a petition and that can be a little bit of a difficult process as well so just trying to save a little bit of headaches on that filing by reference again only if you fully understand the filing by reference process would you want to complete that section of the ads if you do intend to reference file then we will rely on the specification and drawings from the referred application we will give you a application number a filing date oh you must give us the application number the filing date and the intellectual property authority of the prior application so if it was a prior u.s application you would want to give us the application number the filing date and then tell us it was a u.s application must be made the the reference filing statement must be made upon filing and it must be in english you can't submit your application and get a filing date and then decide that you want to reference file because then it would be too late the filing date is based on the statement and not on the specification document domestic benefit and farm priority is only captured from the adf that's the only way that it can be provided to us if it's provided on any other document we would not consider it we would not enter it and it would be not acceptable benefit claims are captured as provided on the ads so we again cannot guess at a wrong application number we cannot guess at a wrong relationship so we can only only capture it as it's provided to us if there's information missing we will not attempt to look up that information or try to complete it or correct it if there's missing information then we just won't capture that benefit claim or any benefit claims that derive from that incomplete benefit claim okay um common problems that we see with the ads again not properly signed the incorrect people not enough people you know not all the inventors have signed it or the formatting is incorrect and it's missing flashes or or extra slashes or has incorrect characters the inventor residence is not completed correctly we need a city and state or a city and country and if the state or the country designation is missing or if it's invalid meaning we we cannot capture it in our systems then that resonance would be considered incomplete and we would not be able to capture it for example if you um if you gave us um say your um the residence was alexandria virginia and you gave us alexandria but failed to tell us that the state was va then we would not be able to capture that information also if you gave us an incorrect um invalid country co or state code such as if you vr or something like that instead of va it's not something that we could capture our systems are um they take them from a list and so we can only select from the listing of the properly designated state codes and country codes so if uh anything that you give us is invalid then we would not be able to capture that also domestic benefit claims and foreign benefit claims may be incomplete or correct that's another thing that we see um often or that they're improperly formatted domestic benefit claims must be given from the current application backward in time so it's chronologically from the most recent to the um furthest away and um so if you give us the oldest case first then we would not be able to capture any of your benefit claims domestic benefit claims informed priority claims must be presented in a timely manner we have certain time frames in which this uh information must be provided and if it's not then that requires a petition to add it late and you may end up with problems with that okay specification is necessary for a filing date for every type of application except for when you're filing by reference and then we use the reference as the specification must have a written description of the invention must be in english or have an english translation of a foreign language specification there's a fee that we add for more than 100 pages of specification claims drawings abstracts and drawings specification cannot be faxed into the office because it is necessary for a filing date and the specification must have a written description of a sufficient written description of the invention so that we are able to tell what the invention is and be able to grant a filing date on it if your specification simply says this invention is a new way to send a letter but doesn't tell us how it works or what it does then there's probably not going to be a filing date granted for your application it needs to be a sufficient written description of the invention um the specification needs to um again contain a sufficient disclosure and if there's no filing date granted there's no specification of records so again you need a specification in order to to get a filing date and when there is a filing date granted and there are problems with your specification formatting issues then any corrections to be done need to be relative to the specification that you've already sent in okay specification has to have certain requirements here needs to have either one and a half or double spacing needs to have sufficient clarity so that we can read it and so that we can scan it into our systems and ocr it cannot have missing or illegible text or pages so if you are copying your specification and you leave a sticky note on one of the pages then that's going to require correction it needs to have a brief description of the figures if you have drawings for your application then it needs to have a brief description of each of those figures this says landscape orientation landscape orientation is not permitted it does need to be portrait orientation um and um there cannot be any embedded figures in your specification those will all require correction okay application size will be determined by the page count of these application parts and there is a discount for electronically submitted application documents and it's reduced there's a 25 discount claims claims are no longer required for filing date they used to be they are required in order to get to your examiner and it's recommended that they're submitted upon filing because there is a surcharge for an applications filed without claims for a design application claims are necessary for a filing date your claims need to be in english there's a fee for claims over the standard total that we give you they must start on a separate page they can't have they can't start at the end of your specification on the bottom of that page and they require the same paper language writing margin requirements as a specification the abstract also has the same requirements of the specification must be present and in english and also needs to start on a separate page so you can't start that at the end of your specification on the bottom of that page either okay drawings uh this does trip a lot of people up um drawings need to be properly labeled um remember there was a brief description of each of your drawing figures in your specification and so each drawing figure that you show needs to correlate with the figure that's described in your specification and the labeling needs to be fig or figure followed by a number or a number and a letter um can't have anything crazy like um this is you know schema 1-7-25 it has to be figure 1 figure 1a figure 1b etc they must be line drawings they must have proper margins everything needs to be oriented so that when we hold the piece of paper that the drawing is on so that we can see the figure all the labeling needs to be able to be read in that same direction um needs to have proper clarity it can't be have smudges and erasures and things like that i can't be shown on a non-white background because that will show up blurry in our scanning and no extraneous text or capture captioning all of the explanations and captioning and things should be in the brief description of the drawings or in your specification the figures must be labeled in the same manner they are described the numbering of the figures must be consistent with the numbering in the brief description and i'll give you a little example here so in your brief description if you have figure one and figure two in your specification then the figures that you want to show are figure one and figure 2. if you have a brief description something like this figure 3 is this and then you have figure 3 a b c d described within that following paragraph you want to make sure that you have the figure three labeled with the subparts labeled as well and this is acceptable this is also acceptable if you have just the parts of the figures labeled figure a and figure figure 3 a b c d and they're all individually labeled now what we don't want to see is figure 3 and then the abcd but then we don't have if you look at the figure um here we don't have a figure 3 label so we're looking for the labels to match the description and since we don't have a figure 3 label in this example we would have to reject this this labeling and the converse here we don't have a figure three described but we do have it shown in the figure and so we would also object to that because you have something showing that hasn't been described all right and okay so filing fees um these are paid according to the entity established entity status established at the time of payment which means if you assert your small entity status um on your ads then you can pay your uh uh fees in small entity amounts uh you must have a micro entity certification in order to pay the micro entity fees if you do not have an assertion or your assertion is faulty in any way not properly signed or whatever then you would not be able to be eligible to pay those fees until the certification is proper um you can pay by credit card you can pay by check or money order or you can check you can set up a deposit account with the uspto the credit card payment i believe that there's a checkout option at the end of a filing on efs web but you can also fax in a credit card payment we have one of those online a form micro entity certification must be identified with correct information all the information given on the micro entity certification must agree with the information in the file um it can't have a different application number it can't have a different title listed that kind of thing or we would need to reject that certification and it also must be properly signed any fees paid in micro entity amounts without a proper micro entity certification will just kind of hold those until you either correct the certification or you pay the larger amount of fee whichever is appropriate applicant applicant can only be named on an ads the inventor is the applicant unless an applicant is named on the adf so if there's no like applicant company then the inventors automatically become the applicant you don't have to re-enter that information in the applicant section applicants can only be changed but they cannot be deleted completely you want to make sure that that information is accurate when you fill it out a correction to the applicant name must be shown on a properly marked ads change of inventorship or excuse me change of applicant after the inventorship is established requires a request under 37 cfr 1.46 which is the rule governing applicant and um requires a corrected ads it also requires a statement showing the change of complete change of title and if you established an applicant and then want to remove the applicant and return applicantship to the inventors then you would either need um a showing of chain of title showing that that applicant no longer has rights to that application or you would need to file a petition and this i think just kind of restates all of that um uh let me see an inventor's oath or declaration can be used to set the inventor ship if an abs is not submitted um an inventor's author declaration must be submitted for each inventor again if there is an ads that sets inventorship then the names must agree the inventor zones must be properly signed and must contain the required statements below again if you use one of our forms then those statements are already on there and it's much easier on everybody state substitute statements must be properly completed and substitute statements substitute statements are only used um when the inventor is deceased or legally incapacitated and cannot sign an oath or declaration or if there's um an inventor that cannot be found has um participated in the invention and then disappeared um ran away from home or or whatever um cannot be reached or refuses to sign um maybe there's a dispute or something then that is required to have a substitute statement also signed by the applicant uh let me see okay this is the fees again okay submission methods for a response to a notice are the same as the submission methods for filing an application except that responses may be faxed to the uspto official fax number and again if you're not filing by efs efs web registered users are the only ones that can file a response to a notice or any kind of follow-on documents into an existing application if you are not a registered user and you attempt to file a follow-on document or a response to a notice you will end up getting a new application number for those documents and it will be processed as a new application again we recommend if you're going to mail in your application that you do it with the amer um with the priority mail express service so that um so that uh again you can get the benefit of that date okay electronic submissions if you are a registered user again if you are a registered user you can submit follow-on documents and when you do that we strongly recommend using the correct document description for submissions if you're not sure you can call the ebc and they should be able to give you some guidance you can look through all of the document descriptions and find the one that best fits the purpose for your document using the descriptions will ensure that the correct office is notified of your incoming submission um if you don't use a document code that triggers a message to us then we would never know that it's there and um and we would not be able to process that document timely each request should be on a separate document so that you can code them appropriately if there are two there's one document with two purposes we may not be able to address both of those purposes simply because we would not realize that they're both on the same document okay uh responses that include fee payments or a marked bds or drawings should not be submitted without being accompanied by a response to formalities notice document it can be a cover page or a blank document whatever but as long as it has that a document with that document description we will get a message we will be notified that that response is there okay when you get your filing receipt you want to ensure that you review it carefully to make sure that everything is spelled right that the information is captured correctly if it is not then you're probably going to have an accompanying notice stating that maybe something was unsigned and we didn't capture the information that you wanted us to capture we will correct typographical errors made by us if you just contact the office and and say you know um you know my name was spelled correctly on the ads but someone captured it incorrectly can you fix it we will do that without a marked up abs if the mistake was on the ads and we captured it correctly as presented to us then it would need the markings incorrect or missing information could cause impacts down the line could just cause difficulties for you and we won't don't want that to happen so we want to make sure that you review your filing receipt right away so that anything that is not captured as you want it to be can be corrected or addressed okay um all righty and again um if there is something that uh is not captured correctly then um then we'll correct it but if it was captured correctly but presented to us incorrectly then a properly marked bds is needed to make those corrections corrections to inventorship and the applicant cannot be made after the issue fee is paid so this is why you want to review your filing receipt right away so that you can get that taken care of before it gets too far down the line to be able to correct and a delay in correcting a benefit claim could result in the need for petition it could result in need for additional review by the examiner based on the priority that should or should not have been there okay um if you have any questions regarding our notices that we send you from pre-exam please direct them to the application assistance unit as stated on the notice i know some inquiries are directed to the um for the to the uh operators that review our applications but um our operators are are um tasked with reviewing the applications and so they have their work to do and the application assistant unit is directed to um address the applicant inquiries and any email inquiries that um need a detailed response we'll need to have a email authorization form and again that can be found on our website as well let me see and uh if there's an email inquiry and we are authorized to address it we will make a copy of that communication and put it in the file and uh if there is not an authorization then the uspto is not required to respond to that inquiry and additional resources i'll just leave that up there for a second okay janice we are the end of our time here but we do have quite a bit of questions so i'm gonna read about three questions that's about all we have time for right now uh but those of you who did send in questions we will get you answers to those questions we do have the emails and we will respond so janice to start i have my first question which is how is the signature of a deceased inventor handled is there any obligation to file an application outside different questions how is the signature of a deceased inventor handled okay the signature of a deceased inventor so um if the inventor was able to sign before he deceased then um he has a valid inventor's oath in the file however by the time the application gets to issue you would want to submit a substitute statement on behalf of that inventor just to acknowledge the change in status for him now of course if the inventor deceased before he was able to sign an inventor's oath or declaration then a substitute statement or yes substitute statement would need to be signed on his behalf by any one of the other inventors or a legal um a legal representative of that inventor right my next question i have is is there any obligation to file an application with a registered practitioner there is not an obligation to do so however the office strongly recommends that a patent practitioner is used so that again some of these common problems are avoided and they can help you navigate the myriad of rules and regulations that we have for the patent process so it's not not required and there's no obligation but it is strongly recommended okay if i am the inventor should i fill out the applicants or inventors and the inventor sections if you are the inventor then fill out the inventor section the applicants section is mainly for someone who like i guess has rights or some say so in the patent process but not has not had part in inventing the um you know whatever it is that you've invented um so the inventor and the applicant are basically kind of two different things if if you're the inventor then fill in the inventor um if you're not an inventor then and you have some other reason to be involved with the application then you would be an applicant okay thank you and our next question if i do not correctly identify the inventor on the adf how would pto get that information okay if you do not correctly and identify the inventor on the ads we would actually not get that information we can we can use other information to kind of confirm the validity of signatures on other documents but we would not officially capture inventorship unless there is an ads or an inventor's oath the ads would take preference but if there is no ads to set in vendorship we would look for an inventor's oath and if there's no inventor's oath then inventorship would just would not be set in that application and you would receive a notice next question we have is i received an efs login after having an attorney file a patent for me how can i attach this new efs so i can view my application that i don't know that is more for our electronic business center i think to address because it deals with the actual electronic filing system process we only review the application documents in op so that one i would have to defer okay and the last question we have if an ads is rejected for lack of signature of the second inventor and accepted as just an attachment to the application does it mean that the two inventors may just submit another adf or the inventor should go through the longer process of correcting the ads okay so if the ads is signed only by one of two inventors then it is not properly signed and would not be recognized for a source of much of our data so what you would want to do is send in a corrected ads and that would require the proper markings or um if there's no inventor's oath okay again if there's if the abs is not properly signed we would look for an inventor's oath and if there's an inventor's oath and that's properly signed then we would take the uh inventorship from there and then any other corrections would need to be submitted on an uh corrected abs of a marked up ads if there's no inventor's oath and the ads is not properly signed again we would not establish inventorship and we would need either a marked up ads or a properly signed inventor zof after that to establish a vendorship okay well janice thank you that was a great presentation we do have a lot of questions we'll be sending those to you as well at this time janice thank you for your participation and we'll get you that information for you to answer those questions

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