Can an inventor file a declaration under 37 CFR 1.130 if they are not the applicant?
Yes, an inventor can sign a declaration under 37 CFR 1.130 even if they are not the applicant, but there are important considerations. 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…
Read MoreWho can make an affidavit or declaration under 37 CFR 1.130?
According to MPEP 717.01(c): Anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. In accordance with 37 CFR 1.130, however, it is the applicant or patent owner who may submit (i.e., file) an affidavit or declaration. While anyone with knowledge of the facts can sign…
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