MPEP § 409.03(j) — Action Following Acceptance of a Pre-AIA 37 CFR 1.47 Application (Annotated Rules)
§409.03(j) Action Following Acceptance of a Pre-AIA 37 CFR 1.47 Application
This page consolidates and annotates all enforceable requirements under MPEP § 409.03(j), 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.
Action Following Acceptance of a Pre-AIA 37 CFR 1.47 Application
This section addresses Action Following Acceptance of a Pre-AIA 37 CFR 1.47 Application. Primary authority: 37 CFR 1.47. Contains: 2 requirements and 1 permission.
Key Rules
AIA vs Pre-AIA Practice
After an application deposited pursuant to pre-AIA 37 CFR 1.47 is found acceptable by the Office, the examiner will act on the application in the usual manner. Papers filed by an inventor who did not originally join in the application, and papers relating to its pre-AIA 37 CFR 1.47 status, will be placed in the file wrapper.
When an examiner receives an application in which a petition under pre-AIA 37 CFR 1.47 has been filed, he or she must check the file to determine that the petition has been decided by the Office of Petitions. If the petition has not been decided by the Office of Petitions, the application, or an electronic message concerning the petition, must be forwarded to the Office of Petitions for appropriate action.
Access to Patent Application Files (MPEP 101-106)
After an application deposited pursuant to pre-AIA 37 CFR 1.47 is found acceptable by the Office, the examiner will act on the application in the usual manner. Papers filed by an inventor who did not originally join in the application, and papers relating to its pre-AIA 37 CFR 1.47 status, will be placed in the file wrapper.
Access to Oath/Declaration
In the event the previously nonsigning inventor decides to join in the application by filing an executed oath or declaration complying with pre-AIA 37 CFR 1.63, the oath or declaration will be placed in the application file.
Director Authority and Petitions (MPEP 1000)
AIA Effective Dates
An application filed under pre-AIA 37 CFR 1.47 can be published as a Statutory Invention Registration (provided the request for a Statutory Invention Registration was filed before March 16, 2013).
Citations
| Primary topic | Citation |
|---|---|
| AIA Effective Dates AIA vs Pre-AIA Practice Access to Patent Application Files (MPEP 101-106) Director Authority and Petitions (MPEP 1000) | 37 CFR § 1.47 |
| Access to Oath/Declaration | 37 CFR § 1.63 |
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.
Official MPEP § 409.03(j) — Action Following Acceptance of a Pre-AIA 37 CFR 1.47 Application
Source: USPTO409.03(j) Action Following Acceptance of a Pre-AIA 37 CFR 1.47 Application [R-11.2013]
[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]
After an application deposited pursuant to pre-AIA 37 CFR 1.47 is found acceptable by the Office, the examiner will act on the application in the usual manner. Papers filed by an inventor who did not originally join in the application, and papers relating to its pre-AIA 37 CFR 1.47 status, will be placed in the file wrapper.
In the event the previously nonsigning inventor decides to join in the application by filing an executed oath or declaration complying with pre-AIA 37 CFR 1.63, the oath or declaration will be placed in the application file.
When an examiner receives an application in which a petition under pre-AIA 37 CFR 1.47 has been filed, he or she must check the file to determine that the petition has been decided by the Office of Petitions. If the petition has not been decided by the Office of Petitions, the application, or an electronic message concerning the petition, must be forwarded to the Office of Petitions for appropriate action.
An application filed under pre-AIA 37 CFR 1.47 can be published as a Statutory Invention Registration (provided the request for a Statutory Invention Registration was filed before March 16, 2013).