What steps should be taken to present application papers to a nonsigning inventor?

When dealing with a nonsigning inventor under pre-AIA 37 CFR 1.47, the following steps should be taken to present application papers:

1. Send a copy of the application papers to the last known address of the nonsigning inventor.
2. If the inventor is represented by counsel, send the papers to the inventor’s attorney’s address.
3. Ensure that the inventor is given the opportunity to review the complete application, unless they have assigned their interest and the assignee has requested otherwise.

The MPEP emphasizes:

‘It is reasonable to require that the inventor be presented with the application papers before a petition under pre-AIA 37 CFR 1.47 is granted since such a procedure ensures that the inventor is apprised of the application to which the oath or declaration is directed.’

This process is crucial to establish that a bona fide attempt was made to present the application papers to the nonsigning inventor.

To learn more:

• pre-AIA 37 CFR 1.47
• application papers
• nonsigning inventor
• presentation process

To learn more:

• pre-AIA 37 CFR 1.47