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 or declaration.”

It’s important to note that even if the nonsigning inventor joins the application, they have limited powers. The MPEP further states:

“Even if the nonsigning inventor joins in the application, he or she cannot revoke or give a power of attorney without agreement of the 37 CFR 1.47 applicant.”

This means that while the nonsigning inventor can become part of the application, they do not gain full control over it and must still work in agreement with the original applicant.

To learn more:

• nonsigning inventor
• pre-AIA 37 CFR 1.47
• joining patent application
• inventor oath or declaration

To learn more:

• pre-AIA 37 CFR 1.47