What is the difference between an inventor’s oath or declaration under 37 CFR 1.63 and a declaration under 37 CFR 1.130(a)?

An inventor’s oath or declaration under 37 CFR 1.63 and a declaration under 37 CFR 1.130(a) serve different purposes in the patent application process: Inventor’s oath or declaration (37 CFR 1.63): Required for all non-provisional patent applications Establishes the identity of the inventor(s) and their belief that they are the original inventor(s) of the claimed…

Read More

How does the presence of additional authors affect an inventor’s declaration of attribution?

When a prior art disclosure includes additional authors besides the inventor or joint inventor named in a patent application, it can complicate the process of attributing the disclosure to the inventor. However, the MPEP provides guidance on handling such situations: “Where the authorship of the prior art disclosure includes the inventor or a joint inventor…

Read More