What types of evidence are acceptable to prove inventor unavailability or refusal?

According to MPEP 409.03(d), acceptable evidence to prove inventor unavailability or refusal can include:

• Copies of letters or email messages sent to the inventor requesting their signature
• Returned receipt indicating the inventor’s refusal to accept mail
• Statements from people who have attempted to contact the inventor
• Evidence of the inventor’s mental or physical incapacity
• Evidence of the inventor’s unavailability due to absence
• Other pertinent evidence that demonstrates the inventor’s unavailability or refusal

The MPEP states: ‘The proof of unavailability or refusal will be examined by the Office.’ This means that the USPTO will carefully evaluate the submitted evidence to determine if it sufficiently demonstrates the inventor’s unavailability or refusal.

To learn more:

• inventor unavailability
• inventor refusal
• evidence
• patent application