How can an applicant show that a disclosure was made by the inventor or a joint inventor?

An applicant can show that a disclosure was made by the inventor or a joint inventor by submitting an affidavit or declaration under 37 CFR 1.130(a), also known as an affidavit or declaration of attribution. The MPEP states:

“An applicant may show that a disclosure was made by the inventor or a joint inventor by way of an affidavit or declaration under 37 CFR 1.130(a) (an affidavit or declaration of attribution).”

The affidavit or declaration should include:

• An unequivocal statement from the inventor or a joint inventor that they invented the subject matter of the disclosure
• A reasonable explanation of the presence of additional authors, if applicable
• Context, explanation, or evidence to support the assertion of inventorship

It’s important to note that a mere assertion of inventorship without supporting context or evidence is insufficient, as highlighted in the EmeraChem Holdings, LLC v. Volkswagen Grp. of Am., Inc. case.

To learn more:

• affidavit
• declaration
• attribution
• inventor disclosure