How can an application be filed when a joint inventor refuses to sign or cannot be reached?

For applications filed on or after September 16, 2012:

• The other joint inventor(s) may file the application on behalf of themselves and the non-signing inventor.
• A substitute statement can be filed in lieu of an oath or declaration for the non-signing inventor.

As stated in MPEP § 409.02: “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 inventors may make the application for patent on behalf of themselves and the omitted inventor.”

For more information on substitute statement, visit: substitute statement.