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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.