Who can make an affidavit or declaration under 37 CFR 1.130?

According to MPEP 717.01(c):

Anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. In accordance with 37 CFR 1.130, however, it is the applicant or patent owner who may submit (i.e., file) an affidavit or declaration.

While anyone with knowledge of the facts can sign the declaration, only the applicant or patent owner can actually file it. When an assignee or obligated assignee is the applicant under 35 U.S.C. 118, the inventor may sign but the declaration must be filed by a party with authority to take action in the application.

To learn more:

• affidavit
• declaration
• 37 CFR 1.130
• inventor
• applicant

To learn more:

• 37 CFR 1.130