How are the rights of a nonsigning inventor protected in pre-AIA 37 CFR 1.47 applications?

The rights of nonsigning inventors in pre-AIA 37 CFR 1.47 applications are protected through specific provisions in patent law. According to MPEP 409.03(i):

“The rights of a nonsigning inventor are protected by the fact that the patent resulting from an application filed under pre-AIA 37 CFR 1.47(b) and pre-AIA 35 U.S.C. 118 must issue to the inventor, and in an application filed under pre-AIA 37 CFR 1.47(a) and 35 U.S.C. 116, the inventor has the same rights that he or she would have if he or she had joined in the application.”

This means that:

• For applications under pre-AIA 37 CFR 1.47(b) and pre-AIA 35 U.S.C. 118, the patent must be issued to the inventor, even if they didn’t sign the application.
• For applications under pre-AIA 37 CFR 1.47(a) and 35 U.S.C. 116, the nonsigning inventor retains the same rights as if they had joined the application.

These provisions ensure that the nonsigning inventor’s rights to the invention are preserved, regardless of their lack of signature on the original application.

To learn more:

• nonsigning inventor rights
• pre-AIA 37 CFR 1.47
• patent protection
• inventor rights

To learn more:

• pre-AIA 37 CFR 1.47