What 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 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 is a substitute statement in patent applications?
A substitute statement is a document that can be executed in lieu of an oath or declaration in certain circumstances. According to 37 CFR 1.64(a), “An applicant under § 1.43, 1.45 or 1.46 may execute a substitute statement in lieu of an oath or declaration under § 1.63 if the inventor is deceased, is under…
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