How can I prove that a joint inventor cannot be found or refuses to sign the application?

To prove that a joint inventor cannot be found or refuses to sign the patent application, you must provide evidence of your diligent efforts. According to MPEP 409.03(a):

“The application must be accompanied by proof that the nonsigning inventor (1) cannot be found or reached after diligent effort or (2) refuses to execute the application papers.”

For specific guidance on what constitutes acceptable proof, refer to MPEP 409.03(d). This may include documented attempts to contact the inventor, returned mail, or written statements from the unavailable inventor indicating their refusal to sign.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: joint inventors, Proof Of Diligence, Unavailable Inventor