How should an applicant handle information derived from others in their statement?

When an applicant doesn’t have firsthand knowledge about certain aspects of the invention’s relationship to government contracts, MPEP 151 provides guidance:

“In instances where an applicant does not have firsthand knowledge whether the invention involved work under any contract, subcontract, or arrangement with or for the benefit of the Atomic Energy Commission, or had any relationship to any work under any contract of the National Aeronautics and Space Administration, and includes in his or her statement information of this nature derived from others, his or her statement should identify the source of his or her information.”

Alternatively, the MPEP suggests that “the statement by the applicant could be accompanied by a supplemental declaration or oath, as to the contractual matters, by the assignee or other person, e.g., an employee thereof, who has the requisite knowledge.” This ensures transparency and accuracy in the statement.

Topics: MPEP 151 - Content of the Statements, Patent Law, Patent Procedure