What can be done if a joint inventor is unavailable or refuses to join in a patent application?
If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, 37 CFR 1.45(a) provides a solution. It states:
“If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, the other joint inventor or inventors may make the application for patent on behalf of themselves and the omitted inventor.”
In such cases, the other joint inventor(s) can proceed with the application and execute a substitute statement in lieu of an oath or declaration from the unavailable inventor, as outlined in 37 CFR 1.64. For more information on substitute statements, refer to MPEP § 604.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure