What happens if a previously non-signing inventor decides to join a pre-AIA 37 CFR 1.47 application?

If a previously non-signing inventor decides to join a pre-AIA 37 CFR 1.47 application, they can do so by filing the appropriate documentation. The MPEP states:

“In the event the previously nonsigning inventor decides to join in the application by filing an executed oath or declaration complying with pre-AIA 37 CFR 1.63, the oath or declaration will be placed in the application file.”

This means that if the inventor who initially did not sign the application later chooses to participate, they can submit a properly executed oath or declaration. This document will then be added to the official application file, effectively joining them to the application.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: oath or declaration