Created: Oct 1, 2016; Modified: Oct 26, 2016.
How you transfer a case depends on whether the case is a pending application, an issued patent, or a PCT Application. Each of these cases is discussed below.
Pending or Provisional Applications
For a pending U.S. Patent Application or a provisional application (pending or expired), filed on or after September 16, 2012, where the assignee-applicant was named as the applicant when the application was filed, use this form (PTO/AIA/82).
This form has Parts A, B, and C. Part C is only useful if the transferring attorney is not using a customer number, so I’m going to ignore Part C.
Part A has fields that identify the application being transferred and includes application specific data, such as an Application Number. Accordingly, Part A is different for each patent application you are transferring.
Part B identifies the assignee-applicant and requires the client’s signature. A client can sign Part B once, and a copy of Part B can be attached to a copy of Part A for each patent application.
Issued Applications
For an issued U.S. Patent, filed on or after September 16, 2012, you must file two forms: POA for issued patents (PTO/AIA/81a) and a 37 CRF 3.73(c) Statement (PTO/AIA/96) Statement. If a 37 CRF 3.73(c) Statement has already been filed, then you can simply identify the 3.73(c) Statement; otherwise, a 3.73(c) Statement can be drafted and filed with the POA.
PCT Applications
Appointment of an agent for a PCT, filed on or after September 16, 2012, may be effected by referring, in a request, demand, or separate notice, to an existing separate POA appointing that agent to represent the applicant. See MPEP 9025.
Rule 92bis. Request for the recording of a change. MPEP 9025.
I am planning to file a POA using PTO/AIA/80 with Parts A and B, which are the same parts that were used to transfer a pending application. I will also file