Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 400 - Representative of Applicant or Owner (5)
According to MPEP 409.03(d), acceptable evidence to prove inventor unavailability or refusal can include:
- Copies of letters or email messages sent to the inventor requesting their signature
- Returned receipt indicating the inventor’s refusal to accept mail
- Statements from people who have attempted to contact the inventor
- Evidence of the inventor’s mental or physical incapacity
- Evidence of the inventor’s unavailability due to absence
- Other pertinent evidence that demonstrates the inventor’s unavailability or refusal
The MPEP states: ‘The proof of unavailability or refusal will be examined by the Office.’ This means that the USPTO will carefully evaluate the submitted evidence to determine if it sufficiently demonstrates the inventor’s unavailability or refusal.
To learn more:
For applications filed on or after September 16, 2012:
- An assignee or obligated assignee may file the application as the applicant
- A person who shows sufficient proprietary interest may file the application on behalf of and as agent for the inventor
- The applicant may file a substitute statement in lieu of an inventor’s oath or declaration if the inventor has refused to execute the oath or declaration
For applications filed before September 16, 2012, a petition under pre-AIA 37 CFR 1.47 could be filed.
MPEP 409.03(f) – Proof of Proprietary Interest outlines the requirements for establishing proprietary interest in a patent application when an inventor refuses to execute an oath or declaration. The section states:
‘If an inventor refuses to execute an oath or declaration under 37 CFR 1.63, the party to whom the inventor has assigned or agreed in writing to assign the invention, or who otherwise shows sufficient proprietary interest in the matter justifying such action, may make application for patent as provided in 37 CFR 1.46.’
This section provides guidance on how to prove sufficient proprietary interest, which is crucial for applicants who need to file a patent application without the inventor’s cooperation.
To learn more:
To learn more:
What evidence is required to prove an inventor’s refusal to sign a patent application?
When an inventor refuses to sign a patent application, specific evidence is required to proceed without their signature. The MPEP 409.03(d) outlines the necessary proof:
‘Where refusal of the inventor to sign the application papers is the reason for filing under pre-AIA 37 CFR 1.47(b), the applicant should make reasonable efforts to contact the inventor and to secure the inventor’s signature.’
Evidence of refusal typically includes:
- Documented attempts to contact the inventor (emails, letters, phone logs)
- Any written responses from the inventor indicating refusal
- Witness statements corroborating the inventor’s refusal
- A detailed explanation of the circumstances surrounding the refusal
The USPTO requires a thorough statement of facts describing the situation and efforts made to obtain the inventor’s signature. It’s crucial to demonstrate that the inventor was fully informed about the patent application and explicitly refused to sign, rather than simply being unresponsive.
To learn more:
Determining refusal to join an application under pre-AIA 37 CFR 1.47 involves several considerations:
- The inventor must be presented with the application papers.
- The inventor must understand what they are being asked to sign.
- 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:
To learn more:
Patent Law (6)
According to MPEP 409.03(d), acceptable evidence to prove inventor unavailability or refusal can include:
- Copies of letters or email messages sent to the inventor requesting their signature
- Returned receipt indicating the inventor’s refusal to accept mail
- Statements from people who have attempted to contact the inventor
- Evidence of the inventor’s mental or physical incapacity
- Evidence of the inventor’s unavailability due to absence
- Other pertinent evidence that demonstrates the inventor’s unavailability or refusal
The MPEP states: ‘The proof of unavailability or refusal will be examined by the Office.’ This means that the USPTO will carefully evaluate the submitted evidence to determine if it sufficiently demonstrates the inventor’s unavailability or refusal.
To learn more:
For applications filed on or after September 16, 2012:
- An assignee or obligated assignee may file the application as the applicant
- A person who shows sufficient proprietary interest may file the application on behalf of and as agent for the inventor
- The applicant may file a substitute statement in lieu of an inventor’s oath or declaration if the inventor has refused to execute the oath or declaration
For applications filed before September 16, 2012, a petition under pre-AIA 37 CFR 1.47 could be filed.
MPEP 409.03(f) – Proof of Proprietary Interest outlines the requirements for establishing proprietary interest in a patent application when an inventor refuses to execute an oath or declaration. The section states:
‘If an inventor refuses to execute an oath or declaration under 37 CFR 1.63, the party to whom the inventor has assigned or agreed in writing to assign the invention, or who otherwise shows sufficient proprietary interest in the matter justifying such action, may make application for patent as provided in 37 CFR 1.46.’
This section provides guidance on how to prove sufficient proprietary interest, which is crucial for applicants who need to file a patent application without the inventor’s cooperation.
To learn more:
To learn more:
What happens if an inventor refuses to sign the patent application?
If an inventor refuses to sign the patent application, the applicant may file a petition under 37 CFR 1.47(a). According to MPEP 605, ‘When an inventor refuses to sign the application 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 file an application without the inventor’s signature pursuant to 37 CFR 1.64(a).’ The petition must include:
- The fee set forth in 37 CFR 1.17(g)
- Proof of the pertinent facts
- The last known address of the non-signing inventor
The Office will then attempt to contact the non-signing inventor and, if unsuccessful, may grant the petition and allow the application to proceed.
To learn more:
To learn more:
What evidence is required to prove an inventor’s refusal to sign a patent application?
When an inventor refuses to sign a patent application, specific evidence is required to proceed without their signature. The MPEP 409.03(d) outlines the necessary proof:
‘Where refusal of the inventor to sign the application papers is the reason for filing under pre-AIA 37 CFR 1.47(b), the applicant should make reasonable efforts to contact the inventor and to secure the inventor’s signature.’
Evidence of refusal typically includes:
- Documented attempts to contact the inventor (emails, letters, phone logs)
- Any written responses from the inventor indicating refusal
- Witness statements corroborating the inventor’s refusal
- A detailed explanation of the circumstances surrounding the refusal
The USPTO requires a thorough statement of facts describing the situation and efforts made to obtain the inventor’s signature. It’s crucial to demonstrate that the inventor was fully informed about the patent application and explicitly refused to sign, rather than simply being unresponsive.
To learn more:
Determining refusal to join an application under pre-AIA 37 CFR 1.47 involves several considerations:
- The inventor must be presented with the application papers.
- The inventor must understand what they are being asked to sign.
- 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:
To learn more:
Patent Procedure (6)
According to MPEP 409.03(d), acceptable evidence to prove inventor unavailability or refusal can include:
- Copies of letters or email messages sent to the inventor requesting their signature
- Returned receipt indicating the inventor’s refusal to accept mail
- Statements from people who have attempted to contact the inventor
- Evidence of the inventor’s mental or physical incapacity
- Evidence of the inventor’s unavailability due to absence
- Other pertinent evidence that demonstrates the inventor’s unavailability or refusal
The MPEP states: ‘The proof of unavailability or refusal will be examined by the Office.’ This means that the USPTO will carefully evaluate the submitted evidence to determine if it sufficiently demonstrates the inventor’s unavailability or refusal.
To learn more:
For applications filed on or after September 16, 2012:
- An assignee or obligated assignee may file the application as the applicant
- A person who shows sufficient proprietary interest may file the application on behalf of and as agent for the inventor
- The applicant may file a substitute statement in lieu of an inventor’s oath or declaration if the inventor has refused to execute the oath or declaration
For applications filed before September 16, 2012, a petition under pre-AIA 37 CFR 1.47 could be filed.
MPEP 409.03(f) – Proof of Proprietary Interest outlines the requirements for establishing proprietary interest in a patent application when an inventor refuses to execute an oath or declaration. The section states:
‘If an inventor refuses to execute an oath or declaration under 37 CFR 1.63, the party to whom the inventor has assigned or agreed in writing to assign the invention, or who otherwise shows sufficient proprietary interest in the matter justifying such action, may make application for patent as provided in 37 CFR 1.46.’
This section provides guidance on how to prove sufficient proprietary interest, which is crucial for applicants who need to file a patent application without the inventor’s cooperation.
To learn more:
To learn more:
What happens if an inventor refuses to sign the patent application?
If an inventor refuses to sign the patent application, the applicant may file a petition under 37 CFR 1.47(a). According to MPEP 605, ‘When an inventor refuses to sign the application 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 file an application without the inventor’s signature pursuant to 37 CFR 1.64(a).’ The petition must include:
- The fee set forth in 37 CFR 1.17(g)
- Proof of the pertinent facts
- The last known address of the non-signing inventor
The Office will then attempt to contact the non-signing inventor and, if unsuccessful, may grant the petition and allow the application to proceed.
To learn more:
To learn more:
What evidence is required to prove an inventor’s refusal to sign a patent application?
When an inventor refuses to sign a patent application, specific evidence is required to proceed without their signature. The MPEP 409.03(d) outlines the necessary proof:
‘Where refusal of the inventor to sign the application papers is the reason for filing under pre-AIA 37 CFR 1.47(b), the applicant should make reasonable efforts to contact the inventor and to secure the inventor’s signature.’
Evidence of refusal typically includes:
- Documented attempts to contact the inventor (emails, letters, phone logs)
- Any written responses from the inventor indicating refusal
- Witness statements corroborating the inventor’s refusal
- A detailed explanation of the circumstances surrounding the refusal
The USPTO requires a thorough statement of facts describing the situation and efforts made to obtain the inventor’s signature. It’s crucial to demonstrate that the inventor was fully informed about the patent application and explicitly refused to sign, rather than simply being unresponsive.
To learn more:
Determining refusal to join an application under pre-AIA 37 CFR 1.47 involves several considerations:
- The inventor must be presented with the application papers.
- The inventor must understand what they are being asked to sign.
- 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:
To learn more: