What is the role of an affidavit in proving unavailability or refusal of a non-signing inventor?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

An affidavit plays a crucial role in proving the unavailability or refusal of a non-signing inventor. The MPEP 409.03(d) states:

An affidavit or declaration of the applicant, or his/her attorney or agent, explaining the situation and stating the last known address of the non-signing inventor, may be sufficient to establish that the inventor cannot be found or reached after diligent effort or has refused to execute the application papers.

The affidavit should:

• Provide a detailed account of efforts to locate or communicate with the inventor
• Include dates, methods of contact attempted, and results
• Explain any refusal circumstances if applicable
• Be signed under oath or declaration

This sworn statement serves as a formal record of the applicant’s diligent efforts and is considered by the USPTO in determining the validity of the proof of unavailability or refusal.