What happens if a joint inventor refuses to join a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. If a joint inventor refuses to join a patent application, the law provides a solution. According to 35 U.S.C. 116(b) : “If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, the application may be made by the other inventor on behalf of himself and the omitted inventor.” In such cases, the Director of the USPTO may grant the patent to the applying inventor, subject to the rights the omitted inventor would have had if they had joined. The omitted inventor can subsequently join the application. This provision ensures that one inventor’s refusal doesn’t prevent the others from seeking patent protection. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Application by Single Inventor on Behalf of Joint Inventor MPEP 2109.01 Permitted Omitted Inventor Can Join Application Later MPEP 2109.01 Permitted Application by Single Inventor When Co-Inventor Refuses MPEP 2109.01 Prohibited Same Inventor or Common Joint Inventor Required for Priority Claim MPEP 2109 Permitted Conception Required for Joint Inventorship MPEP 2109 Requirement for Joint Inventors to Apply Together MPEP 2109 Required Claim for 35 U.S.C. 120 Benefit Without Additional Notifications MPEP 2109 35 U.S.C. 120 Benefit Without Examination MPEP 2109 Permitted Definition of Joint Inventors and Coinventors MPEP 2109 Requirement for Joint Patent Application by Multiple Inventors MPEP 2109.01 Required Other Related FAQs 5 FAQs Collapse Can joint inventors contribute differently to an invention? What constitutes joint inventorship under U.S. patent law? How much collaboration is required for joint inventorship? Do joint inventors need to contrib...