Can a patent application proceed without all inventors’ signatures?

Yes, a patent application can proceed without all inventors’ signatures under certain circumstances. The MPEP 409.03(d) provides guidance on this matter:

If an inventor is deceased, refuses to execute an application, or cannot be found or reached after diligent effort, the application may be made by the other inventor(s) on behalf of themselves and the non-signing inventor.

To proceed without all signatures, the applicant must:

• File the application on behalf of themselves and the non-signing inventor
• Provide proof of the inventor’s unavailability or refusal
• Submit an oath or declaration by the other inventor(s)
• Include a petition under 37 CFR 1.47

The USPTO will review the evidence and may grant the petition, allowing the application to proceed without the missing signature.

To learn more:

• patent application
• non-signing inventor
• inventor signatures
• USPTO procedure