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   what constitutes inventor's refusal to sign?
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   Author  Topic: what constitutes inventor's refusal to sign?  (Read 4193 times)
patpro
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what constitutes inventor's refusal to sign?
« on: Jan 30th, 2007, 9:53am »
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Hi All  
 
 the situation is like this Embarassed,
 
   USPTO require the inventors to reexecute the oath/ Dec,   the relationship between the inventors and the assignee is not so good at present.
 
Many emails regarding rexecution of the Oath/Dec have been sent to the inventors.  Although, the inevntors are responding to the e-mail, it appears from their email that they do not want to sign the Oath or Dec...
 
Kindly let me know as to whether if many attempts have been made and the inventors are still not willing to sign the Oath/Dec  constitutes to the invetor's refusal to sign Huh  
 
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Jonathan
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Re: what constitutes inventor's refusal to sign?
« Reply #1 on: Jan 30th, 2007, 2:13pm »
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There is no magic number of attempts, to get an inventor to sign a declaration, that constitutes an automatic finding of a refusal to sign.  
 
A petition to accept an unsigned declaration will be required if your repeated attempts are not successful.
 
Keep track of your various attempts in detail - mode of communication, date of communication, responses, what was contained in the communication, etc.
 
These details will be useful to include in the petition.
 
You also need to present a copy of the application to the inventors or make a bona fide attempt to do so - in case you have not done either.
 
Refer to MPEP 409.03(d) for more details.
 
« Last Edit: Jan 30th, 2007, 3:45pm by Jonathan » IP Logged
patpro
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Re: what constitutes inventor's refusal to sign?
« Reply #2 on: Jan 31st, 2007, 9:13am »
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Thank you for your kind reply,
 
     The petition has already been filed.
 
  Here, i would like to know as to what standrad does the USPTO apply in determining the Inventor's refusal to sign.
 
 inventors acknowledge the reciept of our email.  They do not expressely refuse to sign the decleration.  Instead, they give reasons such as "y do we have to sign a decleration again" (in every mail) inspite of we telling the inventors that the previous decleration was considered deffective by USPTO.    
 
Are there any case laws which deal with this type of facts?
 
 
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biopico
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Re: what constitutes inventor's refusal to sign?
« Reply #3 on: Jan 31st, 2007, 9:59am »
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I am wondering if the assignee has an entire right for the claimed invention or partial.
 
I would send the following:
(Copy of the application and Oath/Dec for signatures to respond within days or weeks?)
 
1. via email; 2. by FedEx; 3. Hand-delivery (if feasible); 4. by fax EACH WITH CERTIFICATE OF MAILING
 
If you don't receive the signatures, you file the petition.  Then non-signing inventors can join later if his or her heart changes.
 
 
 
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Registered Patent Agent Specializing in All Areas of Biotechnology
Bill Richards
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Re: what constitutes inventor's refusal to sign?
« Reply #4 on: May 8th, 2007, 4:45pm »
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In my experience, the USPTO uses a reasonableness standard.  In general, they seem to be pretty "reasonable" given the circumstances.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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