When is a petition under 37 CFR 1.181 properly filed to correct inventorship?

A petition under 37 CFR 1.181 is appropriately filed to correct inventorship when the statement of the lack of deceptive intent is not available. This regulation allows for petitions to be filed when there is a need to correct inventorship due to issues that cannot be resolved through standard office action.

In situations where the statement outlining the lack of deceptive intent is missing, it can indicate uncertainties concerning the genuine attribution of the invention to the correct inventors. Filing a petition in such scenarios enables the applicant to seek a remedy through the United States Patent and Trademark Office (USPTO), ensuring that the inventorship reflects the true origin of the invention and upholds the integrity of the patent system.

The other scenarios provided in the options generally do not justify filing a petition under 37 CFR 1.181 for correcting inventorship. For instance, a co-inventor filing a protest or involvement in an interference wouldn't specifically invoke this particular regulation, as these situations are often managed through other established processes. Similarly, circumstances regarding the acceptability of a submission under 37 CFR 1.130 pertain to affidavits and declarations dealing with prior art rather than directly addressing inventorship correction, making them not directly relevant to filing under 1.181.