What happens if an inventor refuses to sign the oath or declaration for a patent application?

What happens if an inventor refuses to sign the oath or declaration for a patent application?

If an inventor refuses to sign the oath or declaration for a patent application, the applicant may file a substitute statement in lieu of an oath or declaration. According to MPEP 602.01(a):

“A substitute statement may be used in lieu of an oath or declaration if the inventor is deceased, legally incapacitated, cannot be found or reached after diligent effort, or refuses to execute the oath or declaration.”

The substitute statement must be signed by an applicant under 37 CFR 1.43, 1.45, or 1.46. It must:

• Identify the inventor to whom it relates
• Identify the person executing the substitute statement and their relationship to the inventor
• Include a statement that the person executing the substitute statement believes the named inventor to be the original inventor
• State that the application was made or authorized to be made by the person executing the substitute statement
• State the permitted basis for filing the substitute statement (in this case, the inventor’s refusal to sign)

It’s important to note that attempts to reach the inventor and obtain their signature should be documented, as the USPTO may require evidence of the inventor’s refusal to sign.

To learn more:

• inventor’s oath
• declaration
• refusal to sign
• substitute statement
• patent application