What must an applicant prove regarding the necessity of filing under pre-AIA 37 CFR 1.47(b)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 9 Rules 5 Related FAQs 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. When filing under pre-AIA 37 CFR 1.47(b), an applicant must prove that the filing of the application is necessary for specific reasons. The MPEP outlines two primary justifications: To preserve the rights of the parties To prevent irreparable damage Specifically, the MPEP states: “The pre-AIA 37 CFR 1.47(b) applicant must prove that the filing of the application is necessary (1) to preserve the rights of the parties or (2) to prevent irreparable damage.” This requirement ensures that the use of pre-AIA 37 CFR 1.47(b) is justified and not merely a matter of convenience. For more detailed information on proving necessity, refer to MPEP § 409.03(g) . Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Requirement for Deceased Inventor Applications Before September 16, 2012 MPEP 409 Requirement for Unavailable Inventors After September 16, 2012 MPEP 409 Requirement for Posthumous Patent Applications MPEP 409 Supplemental Examination Requirement for Patent Applications MPEP 1400.01 Requirement for Handling Patent Applications with Unavailable Inventors Before Sept 16, 2012 MPEP 409 First Three Examination Methods Discussed MPEP 1400.01 Reexamination Requests Prohibited After September 16, 2012 MPEP 1400.01 Permitted Components Required for Patent Application Publication MPEP 1121 Reissue Application Must Be Signed by Inventor MPEP 1410.01 Required Other Related FAQs 5 FAQs Collapse What happens to a patent application if an inventor dies after filing but before issuance? What happens if an inventor becomes available after a 37 CFR 1.47(a) petition is granted? What happens if the last-known address of an unavailable inventor is invalid? How does the process differ for inter...