Who can submit an affidavit or declaration under 37 CFR 1.131(c)?

According to the MPEP, an affidavit or declaration under 37 CFR 1.131(c) can be submitted by:

  • The inventor(s)
  • The attorney or agent of record
  • Assignee(s) of the entire interest

The MPEP states: The affidavit or declaration may be signed by the inventor(s), the attorney or agent of record, or assignee(s) of the entire interest.

It’s important to note that the person submitting the affidavit or declaration must have the authority to make the statements required by 37 CFR 1.131(c), including the declaration of common ownership and prior inventorship.

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Tags: affidavit, declaration, inventor