What rights does a nonsigning inventor have in a pre-AIA 37 CFR 1.47 application?

A nonsigning inventor in a pre-AIA 37 CFR 1.47 application retains certain rights, as outlined in MPEP 409.03(i):

• May protest their designation as an inventor
• Can inspect any paper in the application
• May order copies of application documents
• Can make their position of record in the application file
• Has the option to join the application later by filing an oath/declaration
• Retains inventor rights for patent issuance

However, the nonsigning inventor cannot:

• Prosecute the application if status under 37 CFR 1.47 is accorded
• Revoke power of attorney without agreement of the 37 CFR 1.47 applicant

The MPEP states: The rights of a nonsigning inventor are protected by the fact that the patent resulting from an application filed under pre-AIA 37 CFR 1.47(b) and pre-AIA 35 U.S.C. 118 must issue to the inventor, and in an application filed under pre-AIA 37 CFR 1.47(a) and 35 U.S.C. 116, the inventor has the same rights that he or she would have if he or she had joined in the application.

To learn more:

• Pre-AIA patent applications
• 37 CFR 1.47
• Nonsigning inventor rights
• Inventor designation

To learn more:

• 37 CFR 1.47