What is the purpose of MPEP 409.03?

MPEP 409.03 provides guidance on how to handle patent applications filed before September 16, 2012 when an inventor is unavailable or unwilling to sign the application. It outlines the procedures for filing an application under pre-AIA 37 CFR 1.47 when:

• A joint inventor refuses to join in an application or cannot be found/reached after diligent effort
• All inventors are unavailable
• A legal representative of a deceased inventor is unavailable

The section details the requirements, evidence needed, and process for submitting and processing these types of applications.

To learn more:

• Pre-AIA patent applications
• Unavailable inventors
• 37 CFR 1.47

To learn more:

• 37 CFR 1.47