What happens if a nonsigning inventor believes they are the sole inventor?

If a nonsigning inventor believes they are the sole inventor of an invention claimed in a pre-AIA 37 CFR 1.47 application where they are named as a joint inventor, they have a specific course of action available to them.

According to MPEP 409.03(i):

“If a nonsigning inventor feels that he or she is the sole inventor of an invention claimed in a pre-AIA 37 CFR 1.47 application naming him or her as a joint inventor, the nonsigning inventor may file his or her own application and request that his or her application be placed in interference with the pre-AIA 37 CFR 1.47 application.”

This means that the nonsigning inventor can:

1. File their own separate patent application for the invention
2. Request that their application be placed in interference with the pre-AIA 37 CFR 1.47 application

The MPEP further states: “If the claims in both the nonsigning inventor’s application and the pre-AIA 37 CFR 1.47 application are otherwise found allowable, an interference may be declared.”

An interference proceeding is a process used to determine which party has the right to a patent when two or more parties claim the same invention.

To learn more:

• nonsigning inventor
• sole inventor claim
• pre-AIA 37 CFR 1.47
• patent interference

To learn more:

• pre-AIA 37 CFR 1.47