What evidence is required to prove an inventor’s refusal to sign a patent application?
What evidence is required to prove an inventor’s refusal to sign a patent application?
When an inventor refuses to sign a patent application, specific evidence is required to proceed without their signature. The MPEP 409.03(d) outlines the necessary proof:
‘Where refusal of the inventor to sign the application papers is the reason for filing under pre-AIA 37 CFR 1.47(b), the applicant should make reasonable efforts to contact the inventor and to secure the inventor’s signature.’
Evidence of refusal typically includes:
- Documented attempts to contact the inventor (emails, letters, phone logs)
- Any written responses from the inventor indicating refusal
- Witness statements corroborating the inventor’s refusal
- A detailed explanation of the circumstances surrounding the refusal
The USPTO requires a thorough statement of facts describing the situation and efforts made to obtain the inventor’s signature. It’s crucial to demonstrate that the inventor was fully informed about the patent application and explicitly refused to sign, rather than simply being unresponsive.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure