Can a registered practitioner sign an affidavit or declaration on behalf of an inventor?
No, a registered practitioner cannot sign an affidavit or declaration on behalf of an inventor. According to MPEP 717.01(c):
‘The affidavit or declaration must be signed by the inventor or a joint inventor, or if the inventor is deceased, by the legal representative, or if the inventor is under legal incapacity, by a legal representative.’
This means that the affidavit or declaration must be signed by the person who has direct knowledge of the facts being attested to. A registered practitioner, such as a patent attorney or agent, cannot sign on behalf of the inventor unless they are also a legal representative in cases where the inventor is deceased or under legal incapacity.
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