Rule 11.5(b)
On September 15, 2008, the United States Patent & Trademark Office implemented new rules which dictate the manner in which patent agents and patent attorneys may work when advising independent inventors. Rule 11.5(b) states:
“Practice before the Office includes, but is not limited to, law-related service that comprehends any matter connected with the presentation to the Office or any of its officers or employees relating to a client’s rights, privileges, duties, or responsibilities under the laws or regulations administered by the Office for the grant of a patent or registration of a trademark, or for enrollment or disciplinary matters. Such presentations include preparing necessary documents in contemplation of filing the documents with the Office, corresponding and communicating with the Office, and representing a client through documents or at interviews, hearings, and meetings, as well as communicating with and advising a client concerning matters pending or contemplated to be presented before the Office. Nothing in this section proscribes a practitioner from employing or retaining non-practitioner assistants under the supervision of the practitioner to assist the practitioner in matters pending or contemplated to be presented before the Office.”
Simple Patents, LLC does not now nor has it ever represented any customer in front the US Patent office. Moreover, all customers that have been provided written patent advice have recieved such advice from a registered patent agent. In light of the new rule, Simple Patents, LLC will implement following two procedural changes:
1) All customers seeking patentability opinions, professional consultations, or any type of patent application will immediately be engaged in a written agreement with a registered patent agent prior to any services being rendered by the patent agent. The patent agent will then have, at his or her sole discretion, the right to request certain services from Simple Patents, LLC. Such services include:
- Patent Research
- Sourcing of patent drawings.
- Technical writing, including patent abstracts and descriptions.
- Patent application form filling, patent application filing, patent application status monitoring.
- Project management, including setting up task schedules necessary for timely completion.
- Delivering of information from the agent to the client. (In delivery of any information, the agent will always be cc’d)
- Collecting of information from the client for delivery to the agent.
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