What should be included in an affidavit or declaration under 37 CFR 1.131(a) for a joint invention?

For a joint invention, an affidavit or declaration under 37 CFR 1.131(a) should include specific information about the contributions of all inventors. According to MPEP 715.04:

‘Where a party to a joint application is unavailable, the affidavit or declaration under 37 CFR 1.131(a) of the other joint inventor(s) should state the efforts made to obtain an affidavit or declaration from the unavailable party. If no attempt was made, a statement to that effect should be included in the affidavit or declaration.’

The affidavit or declaration should include:

• Details of each inventor’s contribution to the invention
• Efforts made to obtain an affidavit from unavailable joint inventors
• A statement if no attempt was made to obtain an affidavit from unavailable inventors
• Evidence of conception and reduction to practice of the entire invention

It’s crucial that the affidavit or declaration covers the entire scope of the claimed invention, not just the work of individual inventors.

To learn more:

• joint invention
• affidavit content
• declaration content
• 37 CFR 1.131(a)
• patent application

To learn more:

• 37 CFR 1.131(a)