Can an assignee or attorney sign an affidavit or declaration under 37 CFR 1.131(a)?

Can an assignee or attorney sign an affidavit or declaration under 37 CFR 1.131(a)?

No, an assignee or attorney cannot sign an affidavit or declaration under 37 CFR 1.131(a). The MPEP 715.04 clearly states:

“The affidavit or declaration must be signed by all of the inventors except as provided for in 37 CFR 1.131(a)(1). An affidavit or declaration under 37 CFR 1.131(a) may not be signed by an attorney or agent not of record.”

This requirement ensures that the inventors themselves attest to the facts of prior invention. Assignees and attorneys, while they may represent the inventors in other aspects of the patent process, cannot substitute for the inventors in this specific declaration.

To learn more:

• affidavit signatories
• declaration signatories
• 37 CFR 1.131(a)
• assignee
• attorney
• inventor signature

To learn more:

• 37 CFR 1.131(a)