What should an examiner do when receiving a pre-AIA 37 CFR 1.47 application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. When an examiner receives a pre-AIA 37 CFR 1.47 application, they must follow these steps: “When an examiner receives an application in which a petition under pre-AIA 37 CFR 1.47 has been filed, he or she must check the file to determine that the petition has been decided by the Office of Petitions. If the petition has not been decided by the Office of Petitions, the application, or an electronic message concerning the petition, must be forwarded to the Office of Petitions for appropriate action.” In essence, the examiner must verify that the Office of Petitions has made a decision on the pre-AIA 37 CFR 1.47 petition. If not, the examiner must forward the application or relevant information to the Office of Petitions for further processing. Other Related FAQs 5 FAQs Collapse Can an inventor authorize someone else to sign the application oath or declaration on their behalf? What happens to a patent application if an inventor dies after filing but before issuance? What happens if an inventor becomes available after a 37 CFR 1.47(a) petition is granted? What happens if the last-known address of an unavailable inventor is invalid? How does the process differ for international patent applications filed by non-inventor applicants?