What is the purpose of the affidavit required for claiming priority based on an inventor’s certificate?
The affidavit required for claiming priority based on an inventor’s certificate serves a specific purpose, as outlined in MPEP 213.05:
The affidavit or declaration specified under 37 CFR 1.55(l) is only required for the purpose of ascertaining whether, in the country where the application for an inventor’s certificate originated, this option generally existed for applicants with respect to the particular subject matter of the invention involved.
The affidavit is not intended to investigate the specific applicant’s eligibility to exercise the option in their particular case. Rather, it’s meant to confirm that in the country where the inventor’s certificate was filed, applicants generally had the right to choose between applying for a patent or an inventor’s certificate for the subject matter in question.
This requirement ensures compliance with the treaty and statute governing priority rights, while recognizing that some countries may have restrictions based on factors such as employment or nationality.
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