Does the best mode requirement apply to all inventors listed on a patent application?
Yes, the best mode requirement applies to all inventors listed on a patent application, even if they were not the original discoverer of that mode. The MPEP 2165 clearly states: “All applicants are required to disclose for the claimed subject matter the best mode contemplated by the inventor even if the inventor was not the…
Read MoreWhat 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 MoreHow 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…
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