What happens if an inventor becomes available after a 37 CFR 1.47(a) petition is granted?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If an inventor becomes available after a 37 CFR 1.47(a) petition is granted, they should be given the opportunity to join the application. The MPEP 409.03(b) provides guidance:

‘If a nonsigning inventor subsequently joins in the application, the applicant may file a petition under 37 CFR 1.182 to withdraw the 37 CFR 1.47 petition.’

This process involves:

• The newly available inventor signing the necessary oath or declaration.
• Filing a petition under 37 CFR 1.182 to withdraw the previous 1.47 petition.
• Paying any required fees for the new petition.
• Updating the application to reflect the inventor’s participation.

It’s important to address this situation promptly to ensure the application accurately reflects all participating inventors.