How is refusal to join an application determined under pre-AIA 37 CFR 1.47?
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…
Read MoreWhat evidence is required to prove an inventor’s refusal to sign a patent application?
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…
Read MoreWhat options are available if an inventor refuses to sign a patent application?
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…
Read MoreWhat types of evidence are acceptable to prove inventor unavailability or refusal?
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…
Read MoreWhat is the purpose of MPEP 409.03(f) – Proof of Proprietary Interest?
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…
Read MoreWhat happens if an inventor refuses to sign the patent application?
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…
Read More