Can 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 one of the joint inventors is available, that inventor may file a 37 CFR 1.131(a) affidavit or declaration as long as it is clear that the inventor is testifying to personal knowledge of facts regarding invention by all of the joint inventors and not just their own contribution.’

This means that while a single joint inventor can file the affidavit or declaration, they must be able to testify to the inventive activities of all joint inventors, not just their own work.

To learn more:

• joint inventor
• affidavit
• declaration
• 37 CFR 1.131(a)
• patent application

To learn more:

• 37 CFR 1.131(a)