What rights does a nonsigning inventor have in a patent application?

A nonsigning inventor, also known as an ‘inventor designee,’ has several rights in a patent application filed under pre-AIA 37 CFR 1.47. These rights include:

• The right to protest their designation as an inventor
• The right to inspect any paper in the application
• The right to order copies of application documents at the price set forth in 37 CFR 1.19
• The right to make their position of record in the file wrapper of the application

As stated in MPEP 409.03(i): “The nonsigning inventor is entitled to inspect any paper in the application, order copies thereof at the price set forth in 37 CFR 1.19, and make his or her position of record in the file wrapper of the application.”

It’s important to note that while these rights are granted, the nonsigning inventor is not entitled to prosecute the application if status under pre-AIA 37 CFR 1.47 has been accorded.

To learn more:

• nonsigning inventor
• inventor designee
• patent application rights
• pre-AIA 37 CFR 1.47

To learn more:

• pre-AIA 37 CFR 1.47