What constitutes a valid reason for filing under pre-AIA 37 CFR 1.47?

A valid reason for filing under pre-AIA 37 CFR 1.47 requires a diligent effort to locate or reach a nonsigning inventor. The MPEP states:

‘Where inability to find or reach a nonsigning inventor “after diligent effort” is the reason for filing under pre-AIA 37 CFR 1.47, a statement of facts should be submitted that fully describes the exact facts which are relied on to establish that a diligent effort was made.’

It’s important to note that temporary unavailability, such as being on vacation or out of town, is not considered an acceptable reason. Additionally, hospitalization or unconsciousness are not valid reasons under this rule, but may be addressed under pre-AIA 37 CFR 1.43.

To learn more:

• pre-AIA 37 CFR 1.47
• diligent effort
• nonsigning inventor
• patent application

To learn more:

• pre-AIA 37 CFR 1.47