Who can sign a declaration under 37 CFR 1.130?

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.

According to the MPEP, anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. The MPEP states:

Anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130.

However, it’s important to note that while anyone with knowledge can sign the declaration, only the applicant or patent owner can submit (file) the affidavit or declaration.