What happens if an inventor refuses to sign an oath or declaration?

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 an inventor refuses to sign an oath or declaration, the application may still proceed under certain circumstances. According to MPEP 602.09:

“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 themselves and the nonsigning inventor.”

In such cases, the applicant must:

• File an oath or declaration on behalf of the nonsigning inventor
• Provide a statement of facts explaining the situation
• Show that the nonsigning inventor’s last known address has been stated
• Demonstrate that notice of the filing of the application has been provided to the nonsigning inventor

This process allows the application to move forward despite the lack of cooperation from one inventor.