Can a nonsigning inventor join a pre-AIA 37 CFR 1.47 application?
Yes, a nonsigning inventor can join a pre-AIA 37 CFR 1.47 application. However, there are specific requirements and limitations to this process. According to MPEP 409.03(i): “A nonsigning inventor may join in a pre-AIA 37 CFR 1.47 application. To join in the application, the nonsigning inventor must file an appropriate pre-AIA 37 CFR 1.63 oath…
Read MoreIs the last known residence always the correct address to provide for a nonsigning inventor?
While the last known residence is often the appropriate address to provide, it’s not always the case. The MPEP states: ‘Ordinarily, the last known address will be the last known residence of the nonsigning inventor.’ However, the key is to provide the address where the inventor customarily receives mail. If this differs from their residence,…
Read MoreWhat rights does a nonsigning inventor have in a patent application?
A nonsigning inventor, also known as an ‘inventor designee,’ has several rights in a patent application filed under pre-AIA 37 CFR 1.47. These rights include: The right to protest their designation as an inventor The right to inspect any paper in the application The right to order copies of application documents at the price set…
Read MoreHow are the rights of a nonsigning inventor protected in pre-AIA 37 CFR 1.47 applications?
The rights of nonsigning inventors in pre-AIA 37 CFR 1.47 applications are protected through specific provisions in patent law. According to MPEP 409.03(i): “The rights of a nonsigning inventor are protected by the fact that the patent resulting from an application filed under pre-AIA 37 CFR 1.47(b) and pre-AIA 35 U.S.C. 118 must issue to…
Read MoreWhat happens after a pre-AIA 37 CFR 1.47 application is accepted?
After an application filed under pre-AIA 37 CFR 1.47 is accepted by the USPTO, the examiner proceeds with the application as usual. As stated in the MPEP: “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.” This…
Read MoreDoes pre-AIA 37 CFR 1.47 apply to deceased inventors?
Pre-AIA 37 CFR 1.47 does not directly apply to deceased inventors. The MPEP clearly states: Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language ‘cannot be found or reached after diligent effort’ has no reasonable application to a deceased inventor. However,…
Read MoreHow were applications with pre-AIA 37 CFR 1.47 status handled in continuation or divisional filings?
Applications with pre-AIA 37 CFR 1.47 status were given special consideration in continuation or divisional filings. The MPEP states: “A continuation or divisional application of a prior application accorded status under pre-AIA 37 CFR 1.47 will be accorded status under pre-AIA 37 CFR 1.47 if a copy of the decision according pre-AIA 37 CFR 1.47…
Read MoreCan a pre-AIA 37 CFR 1.47 application be published as a Statutory Invention Registration?
Yes, a pre-AIA 37 CFR 1.47 application can be published as a Statutory Invention Registration, but with a specific condition. According to the MPEP: “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).” It’s…
Read MoreWhat evidence is required to support a petition under pre-AIA 37 CFR 1.47?
To support a petition under pre-AIA 37 CFR 1.47, the following evidence is typically required: A statement of facts signed by someone with firsthand knowledge Documentary evidence such as Internet searches, certified mail return receipts, cover letters of instructions, or telegrams Details of steps taken to locate the nonsigning inventor The MPEP emphasizes: ‘The statement…
Read MoreHow does the USPTO handle correspondence in a Pre-AIA 37 CFR 1.47 application?
In a Pre-AIA 37 CFR 1.47 application, the USPTO follows specific procedures for handling correspondence. According to MPEP 409.03(j): ‘The Notice of Acceptance under 37 CFR 1.47 should remind the applicant that the nonsigning inventor has access to the application papers. Applicant may petition under 37 CFR 1.14(e) for access restriction. See MPEP § 104.’…
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