What evidence is required for a 1.130(a) declaration?
For a 1.130(a) declaration, the evidence required depends on whether the declarant is claiming to be the inventor/joint inventor of the disclosed subject matter or claiming that the subject matter was obtained from the inventor/joint inventor. According to MPEP 2155.01: If the declarant is the inventor/joint inventor: “The declaration must show that the inventor or…
Read MoreWhat information is required in an inventor’s oath or declaration?
An inventor’s oath or declaration must include: Inventor bibliographic information (see MPEP § 602.08(a)) Name of the inventor or each joint inventor Signature of each inventor (with some exceptions, see MPEP § 602.08(b)) Identification of the application to which it is directed (see MPEP § 602.08(c)) As stated in the MPEP, “The inventor’s oath or…
Read MoreHow do you handle patent applications when an inventor becomes legally incapacitated after signing the oath or declaration?
If an inventor becomes legally incapacitated after signing the oath or declaration, the application can still proceed. According to MPEP 409.01: If an inventor who executed the oath or declaration becomes legally incapacitated after the application is filed but before the patent issues, no substitute oath or declaration is required. This means that the previously…
Read MoreWhat are the requirements for identifying the application in an inventor’s oath or declaration?
An inventor’s oath or declaration must properly identify the application to which it is directed. The MPEP provides several acceptable methods for identification: For oaths/declarations filed on the application filing date: Inventor name(s) and reference to an attached specification Inventor name(s) and attorney docket number from the specification Inventor name(s) and title of the invention…
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