MPEP § 2155.05 — Who May File an Affidavit or Declaration Under 37 CFR 1.130 (Annotated Rules)
§2155.05 Who May File an Affidavit or Declaration Under 37 CFR 1.130
This page consolidates and annotates all enforceable requirements under MPEP § 2155.05, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Who May File an Affidavit or Declaration Under 37 CFR 1.130
This section addresses Who May File an Affidavit or Declaration Under 37 CFR 1.130. Primary authority: 35 U.S.C. 100, 35 U.S.C. 102, and 35 U.S.C. 118. Contains: 2 requirements, 1 permission, and 2 other statements.
Key Rules
PTAB Jurisdiction
In accordance with 37 CFR 1.130, the applicant or patent owner may submit an affidavit or declaration. 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 applicant or their representative must be the party that files the affidavit or declaration under 37 CFR 1.130 even if the inventor or any party with knowledge of the relevant facts signed the affidavit or declaration. In other words, the affidavit or declaration must be filed by a party having authority to take action in the application. Authority to file papers in an application generally does not lie with the inventor if the inventor is not the applicant. See MPEP § 717.01(c).
In accordance with 37 CFR 1.130, the applicant or patent owner may submit an affidavit or declaration. 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 applicant or their representative must be the party that files the affidavit or declaration under 37 CFR 1.130 even if the inventor or any party with knowledge of the relevant facts signed the affidavit or declaration. In other words, the affidavit or declaration must be filed by a party having authority to take action in the application. Authority to file papers in an application generally does not lie with the inventor if the inventor is not the applicant. See MPEP § 717.01(c).
PTAB Contested Case Procedures
In accordance with 37 CFR 1.130, the applicant or patent owner may submit an affidavit or declaration. 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 applicant or their representative must be the party that files the affidavit or declaration under 37 CFR 1.130 even if the inventor or any party with knowledge of the relevant facts signed the affidavit or declaration. In other words, the affidavit or declaration must be filed by a party having authority to take action in the application. Authority to file papers in an application generally does not lie with the inventor if the inventor is not the applicant. See MPEP § 717.01(c).
In accordance with 37 CFR 1.130, the applicant or patent owner may submit an affidavit or declaration. 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 applicant or their representative must be the party that files the affidavit or declaration under 37 CFR 1.130 even if the inventor or any party with knowledge of the relevant facts signed the affidavit or declaration. In other words, the affidavit or declaration must be filed by a party having authority to take action in the application. Authority to file papers in an application generally does not lie with the inventor if the inventor is not the applicant. See MPEP § 717.01(c).
Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138)
[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2131 – MPEP § 2138 for examination of applications subject to pre-AIA 35 U.S.C. 102.]
Citations
| Primary topic | Citation |
|---|---|
| Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138) | 35 U.S.C. § 100 |
| Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138) | 35 U.S.C. § 102 |
| PTAB Contested Case Procedures PTAB Jurisdiction | 35 U.S.C. § 118 |
| PTAB Contested Case Procedures PTAB Jurisdiction | 37 CFR § 1.130 |
| Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138) | MPEP § 2131 |
| Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138) | MPEP § 2138 |
| Prior Art Under Pre-AIA 35 U.S.C. 102 (MPEP 2131-2138) | MPEP § 2159 |
| PTAB Contested Case Procedures PTAB Jurisdiction | MPEP § 717.01(c) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2155.05 — Who May File an Affidavit or Declaration Under 37 CFR 1.130
Source: USPTO2155.05 Who May File an Affidavit or Declaration Under 37 CFR 1.130 [R-01.2024]
[Editor Note: This MPEP section is only applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2131–MPEP § 2138 for examination of applications subject to pre-AIA 35 U.S.C. 102.]
In accordance with 37 CFR 1.130, the applicant or patent owner may submit an affidavit or declaration. 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 applicant or their representative must be the party that files the affidavit or declaration under 37 CFR 1.130 even if the inventor or any party with knowledge of the relevant facts signed the affidavit or declaration. In other words, the affidavit or declaration must be filed by a party having authority to take action in the application. Authority to file papers in an application generally does not lie with the inventor if the inventor is not the applicant. See MPEP § 717.01(c).