How does the USPTO handle proof of refusal for a non-signing inventor?

The USPTO has specific guidelines for handling proof of refusal from a non-signing inventor. According to MPEP 409.03(d):

In the case of refusal, the proof that a bona fide attempt was made to present a copy of the application papers to the non-signing inventor for signature, but the inventor refused to sign the papers, must be submitted.

To demonstrate proof of refusal, an applicant should:

  • Provide evidence of attempts to present the application to the inventor
  • Document the inventor’s explicit refusal to sign
  • Include any communication or statements from the inventor indicating refusal
  • Submit an affidavit or declaration detailing the refusal circumstances

The USPTO will review this evidence to determine if it constitutes a valid proof of refusal.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: Proof Of Refusal, USPTO Guidelines