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

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.

To learn more:

• affidavit
• non-signing inventor
• proof of unavailability
• proof of refusal
• patent application