What happens if an inventor refuses to sign the patent application?

What happens if an inventor refuses to sign the patent application?

If an inventor refuses to sign the patent application, the applicant may file a petition under 37 CFR 1.47(a). According to MPEP 605, ‘When an inventor refuses to sign the application oath or declaration or cannot be found or reached after diligent effort, the applicant under 37 CFR 1.43, 1.45 or 1.46 may file an application without the inventor’s signature pursuant to 37 CFR 1.64(a).’ The petition must include:

• The fee set forth in 37 CFR 1.17(g)
• Proof of the pertinent facts
• The last known address of the non-signing inventor

The Office will then attempt to contact the non-signing inventor and, if unsuccessful, may grant the petition and allow the application to proceed.

To learn more:

• inventor signature
• patent application
• petition
• 37 CFR 1.47

To learn more:

• inventor refusal
• petition process