What happens to nonsigning inventors in a pre-AIA 37 CFR 1.47 application?

In a pre-AIA 37 CFR 1.47 application, nonsigning inventors are notified of the application filing. The MPEP states: The U.S. Patent and Trademark Office will notify the nonsigning inventor(s) or, if the inventor is deceased, the legal representative(s), of the filing of an application under pre-AIA 37 CFR 1.47 by sending a letter to the last known address of the nonsigning inventor(s) or legal representative(s).

This notification process ensures that all inventors, even those who didn’t sign the application, are aware of the patent application filed using their invention. It’s important to note that this notification is a courtesy and doesn’t require a response from the nonsigning inventor for the application to proceed.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: pre-AIA, USPTO notification