Is 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,…

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Does 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,…

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How 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…

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Can 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…

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What 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…

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How 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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