[Pct] what to do about a missing-inventor issue?

[Carl Oppedahl]

On 2/21/2025 12:27 AM, a new listserv member asks to post anonymously ...
>
>     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.
>
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?"

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.

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.



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