What should be included in an affidavit or declaration under 37 CFR 1.131(a) for a joint invention?

For a joint invention, an affidavit or declaration under 37 CFR 1.131(a) should include specific information about the contributions of all inventors. According to MPEP 715.04: ‘Where a party to a joint application is unavailable, the affidavit or declaration under 37 CFR 1.131(a) of the other joint inventor(s) should state the efforts made to obtain…

Read More

How does the MPEP address inventions made jointly by employees of different organizations?

The MPEP addresses inventions made jointly by employees of different organizations in MPEP 715.01(a). It states: ‘Where the reference and the application or patent under reexamination are commonly owned, and the inventions claimed in the application or patent under reexamination and in the reference are not identical but are not patentably distinct, a terminal disclaimer…

Read More