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

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.

To learn more:

• inventor availability
• petition withdrawal
• 37 CFR 1.182

To learn more:

• 37 CFR 1.182