What constitutes a valid reason for filing under pre-AIA 37 CFR 1.47?
A valid reason for filing under pre-AIA 37 CFR 1.47 requires a diligent effort to locate or reach a nonsigning inventor. The MPEP states: ‘Where inability to find or reach a nonsigning inventor “after diligent effort” is the reason for filing under pre-AIA 37 CFR 1.47, a statement of facts should be submitted that fully…
Read MoreWhat is considered ‘diligent effort’ when trying to contact an inventor for joint invention?
What is considered ‘diligent effort’ when trying to contact an inventor for joint invention? When attempting to contact a joint inventor for patent application purposes, ‘diligent effort’ typically involves: Multiple attempts to reach the inventor through various communication methods (e.g., phone, email, postal mail) Reasonable time intervals between attempts Documenting all contact attempts and responses…
Read MoreWhat is considered ‘proof of unavailability’ for a non-signing inventor?
Proof of unavailability for a non-signing inventor can include various forms of evidence. According to MPEP 409.03(d): In the case of unavailability, proof of the inability to find or reach the non-signing inventor after diligent effort must be submitted. This proof may include: Returned correspondence Copies of email or other communication attempts Statements from people…
Read MoreIs proof required when filing a substitute statement?
According to MPEP 604, “A non-inventor applicant need not submit proof of the permitted circumstance to file a substitute statement (e.g., inventor’s death certificate to establish that a named inventor is deceased).” However, it’s important to note that: If the circumstance is not death or legal incapacity, the inventor must have refused to execute the…
Read MoreWhat happens if the last-known address of an unavailable inventor is invalid?
If the last-known address of an unavailable inventor is invalid, the petitioner must make a diligent effort to find a valid address. According to MPEP 409.03(b): ‘If the last known address of the nonsigning inventor(s) is invalid, petitioner must state what efforts were made to find a current address.’ This means the petitioner should document…
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