How is refusal to join an application determined under pre-AIA 37 CFR 1.47?

Determining refusal to join an application under pre-AIA 37 CFR 1.47 involves several considerations:

1. The inventor must be presented with the application papers.
2. The inventor must understand what they are being asked to sign.
3. The inventor must expressly refuse to accept the application papers.

The MPEP states:

‘A refusal by an inventor to sign an oath or declaration when the inventor has not been presented with the application papers does not itself suggest that the inventor is refusing to join the application unless it is clear that the inventor understands exactly what he or she is being asked to sign and refuses to accept the application papers.’

It’s important to document the circumstances of the presentation and refusal, including time, place, and any written evidence of refusal.

To learn more:

• pre-AIA 37 CFR 1.47
• refusal to join
• application papers
• inventor refusal

To learn more:

• pre-AIA 37 CFR 1.47