23. Mitch and Mac are named inventors on an international application that is filed in the
USPTO Receiving Office, and designates the United States of America. Mac now indicates that
he will not sign the Request for the international application. Mitch wishes to proceed with the
Request and seeks the advice of their patent agent. Which of the following answers accords with
the provisions of the Patent Cooperation Treaty?
(A) Mitch’s agent should sign the Request and accompany it with a statement
indicating why it is believed that Mac refuses to proceed with the Request.
(B) Mitch should sign the request for himself and also sign on behalf of Mac.
(C) Mitch should sign the request and seek a court order to obtain Mac’s signature.
(D) Mitch should sign the Request and accompany it with a statement providing a
satisfactory explanation for the lack of Mac’s signature.
(E) Mitch should sign the Request and Mitch’s agent should sign on behalf of Mac,
since he continues to represent Mac.
23. ANSWER: (D) is the correct answer because the advice is consistent with 37 C.F.R. §
1.425. (A), (B), (C), and (E) are wrong because the advice provided is not consistent with 37
C.F.R. § 1.425. MPEP § 1820, p.1800-16.