What options are available if an inventor refuses to sign a patent application?

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.

For applications filed on or after September 16, 2012:

  • An assignee or obligated assignee may file the application as the applicant
  • A person who shows sufficient proprietary interest may file the application on behalf of and as agent for the inventor
  • The applicant may file a substitute statement in lieu of an inventor’s oath or declaration if the inventor has refused to execute the oath or declaration

For applications filed before September 16, 2012, a petition under pre-AIA 37 CFR 1.47 could be filed.

Topics: MPEP 400 - Representative of Applicant or Owner Patent Law Patent Procedure
Tags: assignee applicant, inventor refusal, proprietary interest, substitute statement