What are the requirements for filing under pre-AIA 37 CFR 1.47(a)?

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.

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 the application
• The last known address of the nonsigning inventor must be stated

As stated in MPEP 409.03(a): In addition to other requirements of law (pre-AIA 35 U.S.C. 111(a) and 115), an application deposited in the U.S. Patent and Trademark Office pursuant to pre-AIA 37 CFR 1.47(a) must meet the following requirements…