Who can file an affidavit or declaration under 37 CFR 1.130?
According to MPEP 2155.05, “the applicant or patent owner may submit an affidavit or declaration” under 37 CFR 1.130. This means that the person or entity who filed the patent application or owns the patent has the authority to file such documents. However, there’s an important distinction when the applicant is not the inventor: “When…
Read MoreCan an inventor file a 37 CFR 1.130 declaration if they are not the applicant?
This is a nuanced situation addressed in MPEP 2155.05. 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 except subject matter in a disclosure of the…
Read MoreWhat does “authority to take action in the application” mean in the context of 37 CFR 1.130 declarations?
The phrase “authority to take action in the application” is crucial in understanding who can file 37 CFR 1.130 declarations. According to MPEP 2155.05: “Authority to file papers in an application generally does not lie with the inventor if the inventor is not the applicant.” This means that while inventors may sign these declarations, they…
Read MoreWhat is the significance of 35 U.S.C. 118 in relation to 37 CFR 1.130 declarations?
35 U.S.C. 118 is significant in the context of 37 CFR 1.130 declarations because it allows entities other than the inventor to be the applicant for a patent. According to MPEP 2155.05: “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…
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