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409.03(j) Action Following Acceptance of a 37 CFR 1.47 Application - 400 Representative of Inventor or Owner
409.03(j) Action Following Acceptance of a 37 CFR 1.47 Application
After an application deposited pursuant to 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 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 37 CFR 1.63, the oath or declaration will be placed in the application file.
When the examiner determines that an application in which a petition under 37 CFR 1.47 has been granted, or either a continued prosecution application (CPA) filed under 37 CFR 1.53(d) or a file wrapper continuing application filed under former 37 CFR 1.62 thereof is allowable, he or she must check the file wrapper or the PALM bib-data sheet to make sure that the phrase "Rule 47" appears under the filing date. If the phrase "Rule 47" does not appear under the filing date, the examiner should write in black ink the phrase "Rule 47" under the filing date. The examiner will then prepare the application for allowance in accordance with MPEP Chapter 1300. It will not be necessary to forward the application to the Office of Petitions.
A patent granted on an application accepted under 37 CFR 1.47 will have an indication on the face of the patent that the application was filed under 37 CFR 1.47, regardless of whether proper joinder of the previously nonsigning inventor has been made.
An application filed under 37 CFR 1.47 can be published as a Statutory Invention Registration.
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