Are nonsigning inventors entitled to a hearing in pre-AIA 37 CFR 1.47 cases?

No, nonsigning inventors are not entitled to a hearing in pre-AIA 37 CFR 1.47 cases. This is explicitly stated in MPEP 409.03(i):

“A nonsigning inventor is not entitled to a hearing (Cogar v. Schuyler, 464 F.2d 747, 173 USPQ 389 (D.C. Cir. 1972))”

This precedent, set by the case of Cogar v. Schuyler, establishes that while nonsigning inventors have certain rights, such as inspecting application papers and making their position of record, they do not have the right to a formal hearing in these cases.

Additionally, the MPEP states:

“While the U.S. Patent and Trademark Office will grant the nonsigning inventor access to the application, inter partes proceedings will not be instituted in a pre-AIA 37 CFR 1.47 case. In re Hough, 108 USPQ 89 (Comm’r Pat. 1955).”

This further emphasizes that while nonsigning inventors have access to application information, they cannot initiate inter partes proceedings, which would include hearings, in pre-AIA 37 CFR 1.47 cases.

To learn more:

• nonsigning inventor
• pre-AIA 37 CFR 1.47
• patent hearing
• inter partes proceedings

To learn more:

• pre-AIA 37 CFR 1.47