<!DOCTYPE html>
<html>
<head>
<meta http-equiv="Content-Type" content="text/html; charset=UTF-8">
</head>
<body>
<div class="moz-cite-prefix">On 2/21/2025 12:27 AM, a new listserv
member asks to post anonymously ... </div>
<blockquote type="cite"
cite="mid:a2f6dbf7-b284-45c9-bf39-a8c866c8897b@oppedahl.com">
<div class="WordSection1">
<div>
<div> </div>
</div>
<blockquote>
<div>
<div>
<p class="MsoNormal">We will be filing PCT applications
claiming priority to Indian Provisional applications.
We've encountered a situation where several inventors
are no longer with our client and are not reachable. Do
you have any suggestions on how to deal with
missing-inventor issues for PCT applications? I don’t
believe we have an assignment for the Indian
Provisional, unfortunately.</p>
</div>
</div>
</blockquote>
</div>
</blockquote>
<p>A first thing to realize is that the PCT would not even need to
be involved for an issue like this to arise. Suppose for example
that the to-be-filed application is merely an ordinary domestic US
111a patent application? In that case one would usually have a
goal of doing whatever is needed to attend to the question of "who
is the owner of the US patent application?"</p>
<p>A second thing to consider is whether the law in the relevant
country for the inventors somehow addresses ownership, perhaps
through an employee-employer relationship. I would consult
competent counsel in the relevant country for the inventors.</p>
<p>A third category of answers does apply in the case where, as
here, the to-be-filed application is a PCT application. A PCT
application may be thought of as a bundle of individual
applications directed to the 120 or so Designated Offices where
(potentially) the national phase might get entered. It is a rare
PCT application in which the national phase gets entered in every
one of those DOs. I would check with the client to find out which
DOs are the ones in which the client will wish to enter the
national phase. Suppose there are four such DOs. Then I would
consult competent counsel in those four places to get
destination-specific advice.</p>
<p><br>
</p>
<p><br>
</p>
</body>
</html>