[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR1.47]

[Page 32-33]
 
             TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
    CHAPTER I--PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE
 
PART 1--RULES OF PRACTICE IN PATENT CASES--Table of Contents
 
                Subpart B--National Processing Provisions
 
Sec. 1.47  Filing when an inventor refuses to sign or cannot be reached.

    (a) If a joint inventor refuses to join in an application for patent 
or cannot be found or reached after diligent effort, the application may 
be made by the other inventor on behalf of himself or herself and the 
nonsigning inventor. The oath or declaration in such an application must 
be accompanied by a petition including proof of the pertinent facts, the 
fee set forth in Sec. 1.17(i) and the last known address of the 
nonsigning inventor. The Patent and Trademark Office shall, except in a 
continued prosecution application under Sec. 1.53(d), forward notice of 
the filing of the application to the nonsigning inventor at said address 
and publish notice of the filing of the application in the Official 
Gazette. The nonsigning inventor may subsequently join in the 
application on filing an oath or declaration complying with Sec. 1.63.
    (b) Whenever all of the inventors refuse to execute an application 
for patent, or cannot be found or reached after diligent effort, a 
person to whom an inventor has assigned or agreed in writing to assign 
the invention or who otherwise shows sufficient proprietary interest in 
the matter justifying such action may make application for patent on 
behalf of and as agent for all the inventors. The oath or declaration in 
such an application must be accompanied by a petition including proof of

[[Page 33]]

the pertinent facts, a showing that such action is necessary to preserve 
the rights of the parties or to prevent irreparable damage, the fee set 
forth in Sec. 1.17(i), and the last known address of all of the 
inventors. The Office shall, except in a continued prosecution 
application under Sec. 1.53(d), forward notice of the filing of the 
application to all of the inventors at the addresses stated in the 
application and publish notice of the filing of the application in the 
Official Gazette. An inventor may subsequently join in the application 
on filing an oath or declaration complying with Sec. 1.63.

[62 FR 53184, Oct. 10, 1997]