Can an inventor file a declaration under 37 CFR 1.130 if they are not the applicant?

Yes, an inventor can sign a declaration under 37 CFR 1.130 even if they are not the applicant, but there are important considerations. The MPEP states:

When an assignee, obligated assignee, or person showing sufficient proprietary interest is the applicant under 35 U.S.C. 118 rather than the inventor, the inventor may sign an affidavit or declaration under 37 CFR 1.130 to disqualify a disclosure of the invention as prior art, but the declaration must be filed by a party having authority to take action in the application.

This means that while the inventor can sign the declaration, they cannot file it themselves if they are not the applicant. The filing must be done by someone with the authority to act in the application.

To learn more:

• 37 CFR 1.130
• Inventor
• Applicant
• Declaration Filing

To learn more:

• 37 CFR 1.130