Can 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 MoreCan 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…
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