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

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…

To learn more:

• Pre-AIA patent applications
• 37 CFR 1.47(a)
• Joint inventors

To learn more:

• 37 CFR 1.47(a)