When can a substitute statement be used in place of a reissue oath or declaration?
A substitute statement can be used in place of a reissue oath or declaration under certain circumstances. According to MPEP 1414.01: “The patentee, or current patent owner if there has been an assignment, may sign a substitute statement, in accordance with 37 CFR 1.64, on behalf of an inventor who is deceased, legally incapacitated, cannot…
Read MoreWhat if an inventor is unavailable or refuses to submit a statement for inventorship correction?
If an inventor is unavailable or refuses to submit a statement for inventorship correction in an issued patent, the assignee may consider filing a reissue application instead. As stated in MPEP 1481.02: “If an inventor is not available, or refuses, to submit a statement, the assignee of the patent may wish to consider filing a…
Read MoreHow does an assignee file a substitute statement when an inventor is unavailable?
An assignee can file a substitute statement when an inventor is unavailable or refuses to sign the oath or declaration. The process involves the following steps: Determine if the assignee has the right to make the application for patent as provided in 37 CFR 1.46. Prepare the substitute statement following the requirements of 37 CFR…
Read MoreWhat 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 information about the nonsigning inventor must be included in the patent application?
When filing a patent application with an unavailable joint inventor, you must include the last known address of the nonsigning inventor. As stated in MPEP 409.03(a): “The last known address of the nonsigning joint inventor must be stated.” For more details on providing this information, refer to MPEP 409.03(e). This requirement helps the USPTO in…
Read MoreWhat are the requirements for filing a patent application when one joint inventor is unavailable?
When filing a patent application with at least one unavailable joint inventor under pre-AIA 37 CFR 1.47(a), the following requirements must be met: All available joint inventors must make an oath or declaration for themselves and on behalf of the nonsigning inventor. Proof must be provided that the nonsigning inventor cannot be found or refuses…
Read MoreHow can I prove that a joint inventor cannot be found or refuses to sign the application?
To prove that a joint inventor cannot be found or refuses to sign the patent application, you must provide evidence of your diligent efforts. According to MPEP 409.03(a): “The application must be accompanied by proof that the nonsigning inventor (1) cannot be found or reached after diligent effort or (2) refuses to execute the application…
Read MoreWhat is the purpose of pre-AIA 37 CFR 1.47(b) in patent applications?
Pre-AIA 37 CFR 1.47(b) allows a person with a demonstrated proprietary interest to file a patent application on behalf of an inventor who is unavailable. According to the MPEP, this provision is applicable “when no inventor is available to make application” and permits filing “on behalf of and as agent for” an inventor who “cannot…
Read MoreWhat information must be included in an oath or declaration for an unavailable joint inventor?
What information must be included in an oath or declaration for an unavailable joint inventor? When filing an oath or declaration for an unavailable joint inventor, specific information must be included. According to MPEP 409.03(a), the oath or declaration must contain: The name of the unavailable inventor A statement that the inventor is unavailable and…
Read MoreWhat can be done if a joint inventor is unavailable or refuses to join in a patent application?
If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, 37 CFR 1.45(a) provides a solution. It states: “If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, the other joint inventor or…
Read More