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

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.’

To learn more:

• Pre-AIA 37 CFR 1.47
• non-signing inventor
• inventor rights
• patent application

To learn more:

• Pre-AIA 37 CFR 1.47