How does the USPTO determine if a disclosure is by the inventor or a joint inventor?
The USPTO determines if a disclosure is by the inventor or a joint inventor by examining the evidence provided and the circumstances of the disclosure. According to MPEP 2155.02: “The Office is not required to evaluate the sufficiency of the declaration or affidavit beyond ensuring that the declaration or affidavit addresses the subject matter of…
Read MoreCan a joint inventor make an affidavit or declaration under 37 CFR 1.131(a) alone?
Yes, a joint inventor can make an affidavit or declaration under 37 CFR 1.131(a) alone, but there are specific requirements and considerations. According to MPEP 715.04: ‘When one or more joint inventors of a joint application is available, that available inventor may make the affidavit or declaration under 37 CFR 1.131(a)…. However, even if only…
Read MoreWhat is the definition of ‘inventor’ under the AIA?
The America Invents Act (AIA) defines ‘inventor’ in 35 U.S.C. 100(f) as follows: The term “inventor” means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention. This definition emphasizes that inventors must be individuals, not corporations or other entities. It also acknowledges the possibility…
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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