What steps should be taken to present application papers to a nonsigning inventor?
When dealing with a nonsigning inventor under pre-AIA 37 CFR 1.47, the following steps should be taken to present application papers:
- Send a copy of the application papers to the last known address of the nonsigning inventor.
- If the inventor is represented by counsel, send the papers to the inventor’s attorney’s address.
- Ensure that the inventor is given the opportunity to review the complete application, unless they have assigned their interest and the assignee has requested otherwise.
The MPEP emphasizes:
‘It is reasonable to require that the inventor be presented with the application papers before a petition under pre-AIA 37 CFR 1.47 is granted since such a procedure ensures that the inventor is apprised of the application to which the oath or declaration is directed.’
This process is crucial to establish that a bona fide attempt was made to present the application papers to the nonsigning inventor.
To learn more:
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Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure