What steps were taken if an inventor’s signature was missing from a continuation or divisional application?

If an inventor’s signature was missing from a continuation or divisional application, the Office of Patent Application Processing (OPAP) would typically take the following steps:

1. Send a “Notice to File Missing Parts” requiring the signature of the nonsigning inventor.
2. If a copy of the decision according status under pre-AIA 37 CFR 1.47 was not included with the original filing, applicants could respond to the Notice by:
• Submitting a copy of the decision according status under pre-AIA 37 CFR 1.47, along with a surcharge for late filing.
• Alternatively, submitting an oath or declaration signed by the previously nonsigning inventor, along with the required surcharge.

This process is described in the MPEP:

“If OPAP mails such a Notice, a copy of the decision according status under pre-AIA 37 CFR 1.47, together with a surcharge under 37 CFR 1.16(f) for its late filing, will be an acceptable reply to the Notice. Alternatively, applicant may submit an oath or declaration signed by the previously nonsigning inventor together with the surcharge set forth in 37 CFR 1.16(f) in reply to the Notice.”

To learn more:

• missing signature
• continuation application
• divisional application
• Notice to File Missing Parts
• OPAP