What is the significance of the September 16, 2012 date in relation to joint inventor patent applications?

The date September 16, 2012, is significant because it marks a change in the applicability of certain patent application procedures. As noted in MPEP 409.03(a):

“[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]”

This date corresponds to the implementation of the America Invents Act (AIA), which brought significant changes to U.S. patent law. For applications filed on or after this date, different rules and procedures apply regarding joint inventorship and the handling of situations where not all inventors are available or willing to sign the application. It’s crucial for applicants to be aware of which set of rules applies to their application based on the filing date.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: America Invents Act, joint inventors, pre-AIA