What are the requirements for filing a patent application when one joint inventor is unavailable?
When filing a patent application with at least one unavailable joint inventor under pre-AIA 37 CFR 1.47(a), the following requirements must be met:
- All available joint inventors must make an oath or declaration for themselves and on behalf of the nonsigning inventor.
- Proof must be provided that the nonsigning inventor cannot be found or refuses to execute the application.
- The last known address of the nonsigning inventor must be stated.
As stated in MPEP 409.03(a):
“An application deposited in the U.S. Patent and Trademark Office pursuant to pre-AIA 37 CFR 1.47(a) must meet the following requirements: (A) All the available joint inventors must (1) make oath or declaration on their own behalf as required by pre-AIA 37 CFR 1.63 or 1.175 […] and (2) make oath or declaration on behalf of the nonsigning joint inventor as required by pre-AIA 37 CFR 1.64.”
It’s important to note that this section is not applicable to applications filed on or after September 16, 2012.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure