How 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:

1. Determine if the assignee has the right to make the application for patent as provided in 37 CFR 1.46.
2. Prepare the substitute statement following the requirements of 37 CFR 1.64.
3. Include an explanation of the circumstances that make the inventor unavailable or unwilling to sign.
4. Provide evidence of the assignment, if not already recorded with the USPTO.

MPEP 604 states: ‘A substitute statement may also be made by an assignee of the entire interest, an applicant under 37 CFR 1.46(b), or a person who otherwise shows sufficient proprietary interest in the matter, provided that the inventor is deceased, legally incapacitated, cannot be found or reached after diligent effort, or has refused to execute the oath or declaration.’

The assignee must ensure that the substitute statement complies with all requirements, including identifying the inventor, stating the relationship to the inventor, and acknowledging that willful false statements are punishable by law.

To learn more:

• assignee
• unavailable inventor
• substitute statement
• patent application