What address should be provided for an inventor who doesn’t execute the oath or declaration?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

In cases where an inventor does not execute the oath or declaration, such as when a substitute statement is filed, the USPTO requires specific address information. According to MPEP 602.08(a):

“In situations where an inventor does not execute the oath or declaration and the inventor is not deceased or legally incapacitated, such as in an application filed on or after September 16, 2012 in which a substitute statement under 37 CFR 1.64 is filed, the inventor’s most recent home address must be given to enable the Office to communicate directly with the inventor as necessary.”

This requirement ensures that the USPTO can maintain direct communication with the inventor if needed, even when they are not directly involved in executing the application documents.

Topics: Patent Law Patent Procedure
Tags: Inventor Address, Non Executing Inventor, substitute statement