What information must be included in an oath or declaration for an unavailable joint inventor?
What information must be included in an oath or declaration for an unavailable joint inventor?
When filing an oath or declaration for an unavailable joint inventor, specific information must be included. According to MPEP 409.03(a), the oath or declaration must contain:
- The name of the unavailable inventor
- A statement that the inventor is unavailable and the reason for unavailability
- The last known address of the unavailable inventor
Additionally, the MPEP states:
‘If a nonsigning inventor refuses to sign the oath or declaration or cannot be reached, the oath or declaration under 37 CFR 1.63 by the remaining joint inventor(s) must state that the nonsigning inventor is either refused to sign or could not be reached after diligent effort to contact him or her.’
It’s crucial to provide as much detail as possible about the efforts made to contact the unavailable inventor and any responses received. This information helps the USPTO understand the situation and process the application appropriately.
To learn more: