What evidence is required to show an inventor is unavailable or refuses to sign?
To show an inventor is unavailable or refuses to sign, the petitioner must provide substantial evidence. According to MPEP 409.03(b): ‘The fact that an inventor is unavailable or refuses to join in an application must be established by satisfactory proof… such as inability to find him or reach him after diligent effort.’ Evidence may include:…
Read MoreWhat happens if an unavailable joint inventor refuses to sign an oath or declaration?
What happens if an unavailable joint inventor refuses to sign an oath or declaration? If an unavailable joint inventor refuses to sign an oath or declaration, the applicant may file a petition under 37 CFR 1.183 to waive the requirement for that inventor’s signature. According to MPEP 409.03(a): ‘If a nonsigning inventor refuses to sign…
Read MoreWhat happens if an inventor refuses to sign the oath or declaration for a patent application?
What happens if an inventor refuses to sign the oath or declaration for a patent application? If an inventor refuses to sign the oath or declaration for a patent application, the applicant may file a substitute statement in lieu of an oath or declaration. According to MPEP 602.01(a): “A substitute statement may be used in…
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