What happens if a joint inventor refuses to join a patent application?

If a joint inventor refuses to join a patent application, the law provides a solution. According to 35 U.S.C. 116(b):

“If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, the application may be made by the other inventor on behalf of himself and the omitted inventor.”

In such cases, the Director of the USPTO may grant the patent to the applying inventor, subject to the rights the omitted inventor would have had if they had joined. The omitted inventor can subsequently join the application. This provision ensures that one inventor’s refusal doesn’t prevent the others from seeking patent protection.

To learn more:

• joint inventor refusal
• patent application
• USPTO procedure
• omitted inventor