What are the requirements for joint inventors signing affidavits or declarations?
When it comes to joint inventors signing affidavits or declarations, MPEP 717.01(c) provides specific guidance:
‘Where the affidavit or declaration is filed under 37 CFR 1.130(a) or (b), 37 CFR 1.131(a), or 37 CFR 1.132 for purposes of establishing an inventorship date, it is not necessary for all joint inventors to sign the affidavit or declaration. Only the inventor or joint inventor who is attributed to the subject matter being relied upon to overcome the rejection is required to sign the affidavit or declaration.’
This means that in cases where an affidavit or declaration is being used to establish an inventorship date or overcome a rejection, only the specific inventor(s) associated with the relevant subject matter need to sign. However, it’s important to ensure that the signing inventor(s) have direct, firsthand knowledge of the facts being attested to in the affidavit or declaration.
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