What happens if an inventor refuses to sign the inventor’s oath or declaration?

What happens if an inventor refuses to sign the inventor’s oath or declaration?

If an inventor refuses to sign the inventor’s oath or declaration, the application may still be filed under certain circumstances. According to MPEP 602.01(a):

“If an inventor refuses to execute an oath or declaration or cannot be found or reached after diligent effort, the applicant under 37 CFR 1.43, 1.45 or 1.46 may execute an oath or declaration naming the non-signing inventor.”

In such cases, the applicant must:

• Submit a substitute statement in lieu of an oath or declaration
• Provide evidence of the inventor’s refusal to sign or unavailability
• Explain the efforts made to contact the inventor

The Office will evaluate the circumstances and may accept the application without the non-signing inventor’s oath or declaration.

To learn more:

• inventor’s oath
• declaration
• non-signing inventor
• substitute statement