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

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