Can a Pre-AIA 37 CFR 1.47 application be converted to a regular application?

Yes, a Pre-AIA 37 CFR 1.47 application can be converted to a regular application if the previously non-signing inventor later submits an executed oath or declaration. The MPEP 409.03(j) states:

‘If a 37 CFR 1.47 applicant submits an executed oath or declaration of the nonsigning inventor, the executed oath or declaration should be accepted by the Office and the application no longer treated under 37 CFR 1.47.’

This means that once the missing oath or declaration is submitted, the application will be processed as a regular application, removing the special 37 CFR 1.47 status.

To learn more:

• Pre-AIA 37 CFR 1.47
• application conversion
• oath or declaration
• patent procedure

To learn more:

• Pre-AIA 37 CFR 1.47