What are the rights of a non-signing inventor in a patent application?

A non-signing inventor, also known as an “inventor designee,” has certain rights in a patent application filed without their signature. According to MPEP § 409.03(i) (for applications filed before September 16, 2012):

• The non-signing inventor may protest their designation as an inventor
• They are entitled to inspect any paper in the application and order copies
• They can make their position of record in the file wrapper of the application
• They may arrange to do any of the above through a registered patent attorney or agent

However, the non-signing inventor is not entitled to a hearing and cannot prosecute the application if status under pre-AIA 37 CFR 1.47 has been accorded or if the proprietary interest of the pre-AIA 37 CFR 1.47(b) applicant has been shown.

For applications filed on or after September 16, 2012, similar principles apply, but the specific procedures may differ.