What happens to the non-signing inventor in a Pre-AIA 37 CFR 1.47 application after acceptance?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. After acceptance of a Pre-AIA 37 CFR 1.47 application, the non-signing inventor retains certain rights and responsibilities: They are considered a joint inventor and will be named on any patent that may issue. They have the right to access the application file and receive notices from the USPTO. They can still submit an executed oath or declaration, which would then be entered into the file. As stated in MPEP 409.03(j) : ‘The fact that an application was accepted and prosecuted pursuant to 37 CFR 1.47 does not alter the rights or obligations of any of the inventors with regard to the application or any patent issuing thereon.’ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Will Act on Pre-AIA Application After Acceptance MPEP 409.03(j) Inventor Papers and Pre-AIA 37 CFR 1.47 Status Must Be Placed in File Wrapper MPEP 409.03(j) Nonsigning Inventor's Oath/Declaration Requirement MPEP 409.03(j) Examiner Must Verify Petition Decision MPEP 409.03(j) Required Petition Must Be Forwarded to Office of Petitions MPEP 409.03(j) Required Pre-AIA SIR Requirement Before March 16, 2013 MPEP 409.03(j) Permitted Requirement for Posthumous Patent Applications MPEP 409 Requirement for Unavailable Inventors After September 16, 2012 MPEP 409 Requirement for Deceased Inventor Applications Before September 16, 2012 MPEP 409 Requirement for Handling Patent Applications with Unavailable Inventors Before Sept 16, 2012 MPEP 409 Other Related FAQs 5 FAQs Collapse How does the USPTO handle correspondence in a Pre-AIA 37 CFR 1.47 application? Can a Pre-AIA 37 CFR 1.47 application be converted to a regular application? What happens to a patent application if an inventor dies after f...