How are patent applications handled when all inventors are unavailable or unwilling to sign?

When all inventors are unavailable or unwilling to sign a patent application, there are still options for filing. According to MPEP § 409.03(b) (for applications filed before September 16, 2012) and MPEP § 409.05 (for applications filed on or after September 16, 2012):

• An assignee or obligated assignee may file the application as the applicant
• A person who shows sufficient proprietary interest in the matter may file the application

In such cases, substitute statements would need to be filed in lieu of inventors’ oaths or declarations, along with the necessary petitions and evidence of the applicant’s right to file the application.

For more information on assignee applicant, visit: assignee applicant.

For more information on proprietary interest, visit: proprietary interest.