What proof is required to show an inventor is unavailable or refusing to sign?

When filing under pre-AIA 37 CFR 1.47, the applicant must provide proof that the nonsigning inventor is unavailable or refusing to sign. According to MPEP 409.03(d):

• For an unavailable inventor, submit a statement of facts describing the diligent efforts made to find or reach the inventor. Include documentary evidence like Internet searches, certified mail receipts, etc.
• For a refusing inventor, provide evidence that the application was presented to the inventor for signature and they refused. This can include:
• A statement detailing the circumstances of the presentation and refusal
• Documentary evidence of written refusal
• Statement of the reasons given by the inventor for refusing

The section states: Where inability to find or reach a nonsigning inventor ‘after diligent effort’ is the reason for filing under pre-AIA 37 CFR 1.47, a statement of facts should be submitted that fully describes the exact facts which are relied on to establish that a diligent effort was made.

To learn more:

• Pre-AIA patent applications
• Unavailable inventors
• Refusing inventors
• Proof requirements