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.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure