How does the USPTO handle correspondence in a Pre-AIA 37 CFR 1.47 application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

In a Pre-AIA 37 CFR 1.47 application, the USPTO follows specific procedures for handling correspondence. According to MPEP 409.03(j):

‘The Notice of Acceptance under 37 CFR 1.47 should remind the applicant that the nonsigning inventor has access to the application papers. Applicant may petition under 37 CFR 1.14(e) for access restriction. See MPEP § 104.’

This means that:

• The USPTO will send a Notice of Acceptance to the applicant.
• The non-signing inventor has the right to access application papers.
• The applicant can petition for access restriction if necessary.
• Regular correspondence will be sent to the applicant or their representative.

It’s important to note that while the application is prosecuted by the applicant under 37 CFR 1.47, the non-signing inventor retains certain rights, including access to the application file.