Can a registered practitioner sign an affidavit or declaration on behalf of an inventor?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, a registered practitioner cannot sign an affidavit or declaration on behalf of an inventor. According to MPEP 717.01(c) : ‘The affidavit or declaration must be signed by the inventor or a joint inventor, or if the inventor is deceased, by the legal representative, or if the inventor is under legal incapacity, by a legal representative.’ This means that the affidavit or declaration must be signed by the person who has direct knowledge of the facts being attested to. A registered practitioner, such as a patent attorney or agent, cannot sign on behalf of the inventor unless they are also a legal representative in cases where the inventor is deceased or under legal incapacity. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Declaration Must Acknowledge False Statements and Patent Implications MPEP 717.01(c) Required Applicant or Patent Owner Must File Affidavits MPEP 717.01(c) Permitted Requirement for Affidavits or Declarations Under Pre-AIA 102 and 103 MPEP 717.01(c) Applicant Must File Affidavits Under 37 CFR 1.130 MPEP 717.01(c) Required Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Inventor Cannot File Papers If Not Applicant MPEP 717.01(c) Declaration Can Replace Affidavit in Patent Applications MPEP 717.01(c) Exhibits Must Comply with Requirements to Enter Application File MPEP 717.01(c) Required Affidavits Required for Pre-AIA Applications MPEP 717 Requirement for AIA Practice MPEP 717 Other Related FAQs 5 FAQs Collapse What is the difference between an affidavit and a declaration in patent applications? How should facts be presented in affidavits or declarations for patent applications? Can a registered practitioner sign an affidavit or dec...