How can an applicant show that a disclosure was made by the inventor or a joint inventor?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. An applicant can show that a disclosure was made by the inventor or a joint inventor by submitting an affidavit or declaration under 37 CFR 1.130(a), also known as an affidavit or declaration of attribution. The MPEP states: “An applicant may show that a disclosure was made by the inventor or a joint inventor by way of an affidavit or declaration under 37 CFR 1.130(a) (an affidavit or declaration of attribution).” The affidavit or declaration should include: An unequivocal statement from the inventor or a joint inventor that they invented the subject matter of the disclosure A reasonable explanation of the presence of additional authors, if applicable Context, explanation, or evidence to support the assertion of inventorship It’s important to note that a mere assertion of inventorship without supporting context or evidence is insufficient, as highlighted in the EmeraChem Holdings, LLC v. Volkswagen Grp. of Am., Inc. case. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Disclosure Made by Inventor or Joint Inventor Is Not Prior Art MPEP 2155.01 Prohibited Disclosure Made by Inventor or Joint Inventor Requirement MPEP 2155.01 Requirement for Affidavit of Attribution to Show Inventorship MPEP 2155.01 Permitted Requirement for Equivocal Statement by Inventor MPEP 2155.01 Permitted Requirement for Inventor's Oath or Declaration MPEP 2155.01 Requirement for Disclosure by Inventor or Joint Inventor MPEP 2155.01 Requirement for Inventor's Oath or Declaration Under 37 CFR 1.63 MPEP 2155.01 Requirement for Showing Disclosure Was Made by Inventor MPEP 2155.01 Requirement for Inventor's Oath or Declaration MPEP 2155.01 Requirement for No Evidence of Bob as Joint Inventor MP...