Can a joint inventor apply for a patent if another joint inventor is unavailable or refuses to join?

Can a joint inventor apply for a patent if another joint inventor is unavailable or refuses to join?

Yes, a joint inventor can apply for a patent even if another joint inventor is unavailable or refuses to join the application. The MPEP 409 states: ‘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 or herself and the nonsigning inventor.’

The process involves:

• Filing the application on behalf of all inventors
• Submitting a petition under 37 CFR 1.45
• Providing proof of the unavailability or refusal of the non-signing inventor
• Including an oath or declaration by the participating inventor(s)

This provision ensures that the patent application process can proceed even when not all joint inventors are available or willing to participate.

For more information on joint inventors, visit: joint inventors.