What is the significance of 35 U.S.C. 118 in relation to 37 CFR 1.130 declarations?
35 U.S.C. 118 is significant in the context of 37 CFR 1.130 declarations because it allows entities other than the inventor to be the applicant for a patent. According to MPEP 2155.05:
“When an assignee, obligated assignee, or person showing sufficient proprietary interest is the applicant under 35 U.S.C. 118 rather than the inventor, the inventor may sign an affidavit or declaration under 37 CFR 1.130 to except subject matter in a disclosure of the invention as prior art, but the declaration must be filed by a party having authority to take action in the application.”
This provision allows inventors to contribute to the patent process by signing declarations even when they are not the official applicant, while maintaining the proper chain of authority in the application process.
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