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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Specific Form MPEP 715 Required Affidavit or Declaration Under 37 CFR 1.131(a) Must Follow Form Paragraph 7.57.fti MPEP 715 Required Affidavit or Declaration to Overcome Prior Art Rejection MPEP 715 Permitted Requirement for Oath or Declaration to Disqualify Prior Art MPEP 715 Affidavit Under 37 CFR 1.131(a) Must Follow Paragraph 7.57.fti MPEP 715 Required Declaration Can Substitute for Affidavit in Patent Applications MPEP 715.04 Declaration Must Acknowledge False Statements and Patent Jeopardy MPEP 715.04 Required Declaration Must Acknowledge Truthfulness of Statements MPEP 715.04 Required Requirement for Establishing Prior Invention MPEP 715 Prohibited Other Related FAQs 5 FAQs Collapse What is the exception to all inventors signing an affidavit or declaration under 37 CFR 1.131(a)? What are the formal requirements for affidavits or declarations under 37 ...