Can a petition under 37 CFR 1.47(a) be filed for multiple unavailable inventors?
Yes, a petition under 37 CFR 1.47(a) can be filed for multiple unavailable inventors. The MPEP 409.03(b) states: ‘Where there are joint inventors, each nonsigning inventor must be petitioned for separately, even if more than one nonsigning inventor is unavailable.’ This means that while a single petition can cover multiple unavailable inventors, the petition must…
Read MoreWhat are the requirements for a petition to accept an unintentionally delayed priority claim?
According to MPEP 214.02, a petition to accept an unintentionally delayed claim for priority requires the following: The priority claim: This must be submitted in an application data sheet (ADS) as required by 35 U.S.C. 119(b), unless previously submitted. The petition fee: As set forth in 37 CFR 1.17(m). A statement of unintentional delay: A…
Read MoreWhat is the difference between an unintentional delay and an intentional delay in filing a benefit claim?
The distinction between unintentional and intentional delay is crucial when filing a delayed benefit claim. The MPEP 211.04 addresses this: ‘A petition to accept an unintentionally delayed claim under 35 U.S.C. 120, 121, 365(c), or 386(c) for the benefit of a prior-filed application must be accompanied by: … (3) A statement that the entire delay…
Read MoreWhat happens if the last-known address of an unavailable inventor is invalid?
If the last-known address of an unavailable inventor is invalid, the petitioner must make a diligent effort to find a valid address. According to MPEP 409.03(b): ‘If the last known address of the nonsigning inventor(s) is invalid, petitioner must state what efforts were made to find a current address.’ This means the petitioner should document…
Read More