What 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…

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What proof is required to show an inventor is unavailable or refusing to sign?

When filing under pre-AIA 37 CFR 1.47, the applicant must provide proof that the nonsigning inventor is unavailable or refusing to sign. According to MPEP 409.03(d): For an unavailable inventor, submit a statement of facts describing the diligent efforts made to find or reach the inventor. Include documentary evidence like Internet searches, certified mail receipts,…

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How can an applicant demonstrate proprietary interest when filing under pre-AIA 37 CFR 1.47(b)?

When filing under pre-AIA 37 CFR 1.47(b), the applicant must prove proprietary interest in the invention. MPEP 409.03(f) outlines three ways to demonstrate this: Show the invention has been assigned to the applicant Prove the inventor agreed in writing to assign the invention to the applicant Otherwise demonstrate sufficient proprietary interest To prove assignment, submit:…

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