Q: Inventor declaration requirements
Is the Inventor required to review the patent and application before signing the 37 CFR 1.63?
Why would the employer tell the inventing employee review is not required and not provide the application and Patent even after requesting?
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A: 100% YES the inventor must review the application and especially the claims before signing the declaration. The declaration makes a statement, under penalty of perjury, that the claims as filed are accurate to what the inventor believes is new and useful in the application.
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A:
The inventor is not required to review the patent application before signing the inventor declaration under 37 CFR 1.63, but it is highly advisable to do so. The declaration is a formal statement attesting that the signer believes they are the original inventor of the claimed invention. Reviewing the application ensures that the inventor fully understands the claims being made and their contributions.
If your employer is advising you not to review the application or is withholding the documents, that may raise concerns. It’s possible they are trying to expedite the process or assert control over the intellectual property, especially in situations where ownership of the invention may be tied to employment agreements. However, you have the right to understand what you are signing.
You might want to push for access to the application. It's important to ensure your rights and contributions are accurately reflected. Signing without reviewing could have future implications, including disputes over ownership or inventorship.
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