Who can file an affidavit or declaration under 37 CFR 1.131(a)?

Several parties can file an affidavit or declaration under 37 CFR 1.131(a), including:

• All the inventors of the claimed subject matter
• Less than all named inventors, if it’s shown that they invented the claimed subject matter
• In applications filed before September 16, 2012: joint inventors or assignees under pre-AIA 37 CFR 1.47, or legal representatives of deceased, insane, or incapacitated inventors
• In applications filed on or after September 16, 2012: parties qualified under 37 CFR 1.42 or 1.46
• The assignee or other party in interest when the inventor is unavailable
• The owner of the patent under reexamination

As stated in the MPEP, “Affidavits or declarations filed under 37 CFR 1.131 to overcome a rejection under pre-AIA 35 U.S.C. 102 or 103 must be made by either: (A) All the inventors of the subject matter claimed. (B) Less than all named inventors of an application if it is shown by affidavit or declaration that less than all named inventors of an application invented the subject matter of the claim or claims under rejection.”

To learn more:

• affidavit
• declaration
• 37 CFR 1.131(a)
• inventors
• assignees
• legal representatives

To learn more:

• 37 CFR 1.131(a)