What is the difference between pre-AIA 37 CFR 1.42 and pre-AIA 37 CFR 1.47 in relation to deceased inventors?

Pre-AIA 37 CFR 1.42 and pre-AIA 37 CFR 1.47 serve different purposes in relation to deceased inventors:

• Pre-AIA 37 CFR 1.42: This regulation specifically addresses the situation of a deceased inventor. It allows the legal representative (executor or administrator of the estate) to make an application on behalf of the deceased inventor.
• Pre-AIA 37 CFR 1.47: This regulation is not intended for deceased inventors directly. As stated in the MPEP, Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language ‘cannot be found or reached after diligent effort’ has no reasonable application to a deceased inventor.

However, pre-AIA 37 CFR 1.47 does apply in cases where:

• A known legal representative of a deceased inventor cannot be found or reached after diligent effort, or
• The legal representative refuses to make the application

In such cases, the last known address of the legal representative must be provided, as per MPEP § 409.03(e).

It’s important to note that these regulations apply to applications filed before September 16, 2012. For applications filed on or after that date, different procedures may apply.

To learn more:

• Pre-AIA 37 CFR 1.42
• Pre-AIA 37 CFR 1.47
• Deceased Inventor
• Legal Representative
• Patent Application

To learn more:

• Pre-AIA 37 CFR 1.42
• Pre-AIA 37 CFR 1.47