MPEP 409.03(j)
Action Following Acceptance of a Pre-AIA 37 CFR 1.47 Application

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

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409.03(j)    Action Following Acceptance of a Pre-AIA 37 CFR 1.47 Application [R-11.2013]

[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]

After an application deposited pursuant to pre-AIA 37 CFR 1.47 is found acceptable by the Office, the examiner will act on the application in the usual manner. Papers filed by an inventor who did not originally join in the application, and papers relating to its pre-AIA 37 CFR 1.47 status, will be placed in the file wrapper.

In the event the previously nonsigning inventor decides to join in the application by filing an executed oath or declaration complying with pre-AIA 37 CFR 1.63, the oath or declaration will be placed in the application file.

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.

An application filed under pre-AIA 37 CFR 1.47 can be published as a Statutory Invention Registration (provided the request for a Statutory Invention Registration was filed before March 16, 2013).