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 MoreWhat evidence is required in a 37 CFR 1.130(a) declaration for attribution?
A 37 CFR 1.130(a) declaration for attribution requires specific evidence to effectively overcome a prior art rejection. According to MPEP 717.01(a): The evidence necessary to show that the disclosure is by the inventor or a joint inventor must be submitted, including an explanation of how the inventor or joint inventor is connected to the disclosure.…
Read MoreWhat evidence is required in a 37 CFR 1.130(a) declaration for attribution?
What evidence is required in a 37 CFR 1.130(a) declaration for attribution? A 37 CFR 1.130(a) declaration for attribution must provide sufficient evidence to show that the disclosure originated from the inventor or a joint inventor. The MPEP states: ‘Some factors to consider are the following: (1) Where the disclosure was made. (2) The delay…
Read MoreWho can submit an affidavit or declaration under 37 CFR 1.131(c)?
According to the MPEP, an affidavit or declaration under 37 CFR 1.131(c) can be submitted by: The inventor(s) The attorney or agent of record Assignee(s) of the entire interest The MPEP states: The affidavit or declaration may be signed by the inventor(s), the attorney or agent of record, or assignee(s) of the entire interest. It’s…
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…
Read MoreWhat is the purpose of declarations or affidavits under 37 CFR 1.130(a)?
Declarations or affidavits under 37 CFR 1.130(a) are used to disqualify a disclosure as prior art by establishing that: The disclosure was made by the inventor or a joint inventor, or The subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. As stated in the MPEP, 37 CFR 1.130(a)…
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