What does “authority to take action in the application” mean in the context of 37 CFR 1.130 declarations?

The phrase “authority to take action in the application” is crucial in understanding who can file 37 CFR 1.130 declarations. According to MPEP 2155.05:

“Authority to file papers in an application generally does not lie with the inventor if the inventor is not the applicant.”

This means that while inventors may sign these declarations, they may not have the authority to file them if they are not the official applicant. The authority to take action typically lies with:

• The applicant (which could be an assignee or person with sufficient proprietary interest)
• The patent owner
• A registered patent attorney or agent representing the applicant or patent owner

This ensures that all actions in the patent application process are taken by parties officially recognized by the USPTO as having the right to prosecute the application.

To learn more:

• 37 CFR 1.130
• patent application authority
• applicant rights
• inventor rights