What proof is required to show an inventor is unavailable or refusing to sign?
When filing under pre-AIA 37 CFR 1.47, the applicant must provide proof that the nonsigning inventor is unavailable or refusing to sign. According to MPEP 409.03(d): For an unavailable inventor, submit a statement of facts describing the diligent efforts made to find or reach the inventor. Include documentary evidence like Internet searches, certified mail receipts,…
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…
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