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…
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 are the requirements for filing under pre-AIA 37 CFR 1.47(a)?
To file an application under pre-AIA 37 CFR 1.47(a) when at least one joint inventor is available, the following requirements must be met: All available joint inventors must make an oath/declaration for themselves and on behalf of the nonsigning inventor Proof that the nonsigning inventor cannot be found/reached after diligent effort or refuses to execute…
Read MoreWhat 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,…
Read MoreHow 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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