MPEP § 409.02 — Unavailable Joint Inventor – Application Filed on or after September 16, 2012 (Annotated Rules)

§409.02 Unavailable Joint Inventor – Application Filed on or after September 16, 2012

USPTO MPEP version: BlueIron's Update: 2026-01-17

This page consolidates and annotates all enforceable requirements under MPEP § 409.02, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Unavailable Joint Inventor – Application Filed on or after September 16, 2012

This section addresses Unavailable Joint Inventor – Application Filed on or after September 16, 2012. Primary authority: 35 U.S.C. 116(a), 37 CFR 1.63, and 37 CFR 1.64.

Key Rules

Topic

AIA Effective Dates

1 rules
MPEP GuidanceInformativeAlways
[mpep-409-02-f3f752efed13865a94048a33]
Requirement for Handling Inventor Unavailability in Post-AIA Applications
Note:
This rule outlines how to handle the unavailability of an inventor in applications filed on or after September 16, 2012.

[Editor Note: See MPEP § 409.03 et seq. for information pertaining to the unavailability of an inventor in an application filed before September 16, 2012.]

Jump to MPEP SourceAIA Effective DatesAIA Overview and Effective DatesAIA vs Pre-AIA Practice

Citations

Primary topicCitation
35 U.S.C. § 116(a)
37 CFR § 1.45(a)
37 CFR § 1.63
37 CFR § 1.64
AIA Effective DatesMPEP § 409.03
MPEP § 604

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2026-01-17