What evidence is required to support a petition under pre-AIA 37 CFR 1.47?

To support a petition under pre-AIA 37 CFR 1.47, the following evidence is typically required:

  • A statement of facts signed by someone with firsthand knowledge
  • Documentary evidence such as Internet searches, certified mail return receipts, cover letters of instructions, or telegrams
  • Details of steps taken to locate the nonsigning inventor

The MPEP emphasizes:

‘The statement of facts must be signed, where at all possible, by a person having firsthand knowledge of the facts recited therein. Statements based on hearsay will not normally be accepted.’

It’s crucial to provide facts rather than conclusions in the statement.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: documentary evidence