Can a joint inventor make an affidavit or declaration under 37 CFR 1.131(a) alone?

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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. Yes, a joint inventor can make an affidavit or declaration under 37 CFR 1.131(a) alone, but there are specific requirements and considerations. According to MPEP 715.04 : ‘When one or more joint inventors of a joint application is available, that available inventor may make the affidavit or declaration under 37 CFR 1.131(a)…. However, even if only one of the joint inventors is available, that inventor may file a 37 CFR 1.131(a) affidavit or declaration as long as it is clear that the inventor is testifying to personal knowledge of facts regarding invention by all of the joint inventors and not just their own contribution.’ This means that while a single joint inventor can file the affidavit or declaration, they must be able to testify to the inventive activities of all joint inventors, not just their own work. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Specific Form MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Affidavit Under 37 CFR 1.131(a) Must Follow Paragraph 7.57.fti MPEP 715 Required Remaining Joint Inventors Can Sign Affidavit If Unavailable Inventor Is Waived MPEP 715.04 Permitted Requirement for Oath or Declaration to Disqualify Prior Art MPEP 715 Patent Application Publications as Prior Art MPEP 715 Permitted Published Foreign Patent Application Effective as of Publication Date MPEP 715 Published Foreign Patent Application Effective as of Publ...