How does the MPEP address the issue of unavailable joint inventors for applications filed on or after September 16, 2012?

The Manual of Patent Examining Procedure (MPEP) addresses the issue of unavailable joint inventors for applications filed on or after September 16, 2012, in section 409.02. This section provides guidance on how to proceed when a joint inventor is unavailable or unwilling to participate in the patent application process.

Key points from MPEP 409.02 include:

• Joint inventors must apply for a patent jointly and each must make an inventor’s oath or declaration.
• If a joint inventor refuses to join or cannot be found after diligent effort, the other joint inventor(s) may proceed with the application.
• A substitute statement can be executed in lieu of an oath or declaration from the unavailable inventor.

For applications filed before September 16, 2012, different procedures apply, which are covered in MPEP § 409.03 et seq.

To learn more:

• unavailable joint inventor
• patent application
• MPEP 409.02
• substitute statement

To learn more:

• MPEP 409.02