What is the role of an affidavit in proving unavailability or refusal of a non-signing inventor?

An affidavit plays a crucial role in proving the unavailability or refusal of a non-signing inventor. The MPEP 409.03(d) states: An affidavit or declaration of the applicant, or his/her attorney or agent, explaining the situation and stating the last known address of the non-signing inventor, may be sufficient to establish that the inventor cannot be…

Read More

What 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 More