What is a pre-AIA 37 CFR 1.47 application?
A pre-AIA 37 CFR 1.47 application is a patent application filed before September 16, 2012, where not all inventors have signed the application. This provision allows for the filing of a patent application when an inventor cannot be reached or refuses to sign. According to the MPEP, A filing date is assigned to an application…
Read MoreHow are continuation or divisional applications handled under pre-AIA 37 CFR 1.47?
For continuation or divisional applications filed under 37 CFR 1.53(b) of an application previously accorded status under pre-AIA 37 CFR 1.47, the process is simplified. The MPEP states: In a continuation or divisional application filed under 37 CFR 1.53(b) of an application accorded status under pre-AIA 37 CFR 1.47, if a copy of a declaration…
Read MoreWhat is the requirement for stating the last known address in a pre-AIA 37 CFR 1.47 application?
In applications filed pursuant to pre-AIA 37 CFR 1.47, it is mandatory to state the last known address of the nonsigning inventor. The MPEP states: ‘An application filed pursuant to pre-AIA 37 CFR 1.47 must state the last known address of the nonsigning inventor.’ This requirement ensures that the USPTO can attempt to contact the…
Read MoreWhat is the purpose of MPEP 409.03?
MPEP 409.03 provides guidance on how to handle patent applications filed before September 16, 2012 when an inventor is unavailable or unwilling to sign the application. It outlines the procedures for filing an application under pre-AIA 37 CFR 1.47 when: A joint inventor refuses to join in an application or cannot be found/reached after diligent…
Read MoreCan a nonsigning inventor revoke a power of attorney in a pre-AIA 37 CFR 1.47 application?
In a pre-AIA 37 CFR 1.47 application, a nonsigning inventor has limited rights regarding the power of attorney. According to MPEP 402.05(b): A nonsigning inventor may subsequently join in a pre-AIA 37 CFR 1.47 application by submitting an oath or declaration under pre-AIA 37 CFR 1.63. However, even if the nonsigning inventor joins in the…
Read MoreWhat rights does a nonsigning inventor have in a pre-AIA 37 CFR 1.47 application?
A nonsigning inventor in a pre-AIA 37 CFR 1.47 application retains certain rights, as outlined in MPEP 409.03(i): May protest their designation as an inventor Can inspect any paper in the application May order copies of application documents Can make their position of record in the application file Has the option to join the application…
Read MoreWhat happens to nonsigning inventors in a pre-AIA 37 CFR 1.47 application?
In a pre-AIA 37 CFR 1.47 application, nonsigning inventors are notified of the application filing. The MPEP states: The U.S. Patent and Trademark Office will notify the nonsigning inventor(s) or, if the inventor is deceased, the legal representative(s), of the filing of an application under pre-AIA 37 CFR 1.47 by sending a letter to the…
Read MoreWhat information is published in the Official Gazette for a pre-AIA 37 CFR 1.47 application?
When a pre-AIA 37 CFR 1.47 application is found acceptable, certain information is published in the Official Gazette. According to the MPEP: A notice will be published in the Official Gazette identifying the application number, filing date, the title of the invention and the name(s) of the nonsigning inventor(s). This publication serves several purposes: It…
Read MoreDoes this address requirement apply to all patent applications?
No, this specific requirement does not apply to all patent applications. The MPEP clearly states: ‘[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]’ This means that the requirement to provide the last known address of a nonsigning inventor is only applicable to pre-AIA applications filed before…
Read MoreHow is a pre-AIA 37 CFR 1.47 application processed?
The processing of a pre-AIA 37 CFR 1.47 application involves several steps: A filing date is assigned if the application meets the requirements of 37 CFR 1.53(b). A filing receipt is sent to the applicant. The application or an electronic message about the petition is forwarded to the Office of Petitions. If the papers are…
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