Can a petition under 37 CFR 1.47(a) be filed for multiple unavailable inventors?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, a petition under 37 CFR 1.47(a) can be filed for multiple unavailable inventors. The MPEP 409.03(b) states:
‘Where there are joint inventors, each nonsigning inventor must be petitioned for separately, even if more than one nonsigning inventor is unavailable.’
This means that while a single petition can cover multiple unavailable inventors, the petition must address each inventor individually, providing specific information and evidence for each one’s unavailability.
Topics:
MPEP 400 - Representative of Applicant or Owner
Patent Law
Patent Procedure