What happens if the last-known address of an unavailable inventor is invalid?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 the last-known address of an unavailable inventor is invalid, the petitioner must make a diligent effort to find a valid address. According to MPEP 409.03(b):

‘If the last known address of the nonsigning inventor(s) is invalid, petitioner must state what efforts were made to find a current address.’

This means the petitioner should document their attempts to locate the inventor, which may include searching public records, contacting former employers, or using people-finding services. If all efforts fail, this should be clearly stated in the petition.

Topics: MPEP 400 - Representative of Applicant or Owner Patent Law Patent Procedure
Tags: Diligent Effort, Inventor Address, petition requirements