What documentation should accompany an affidavit or declaration under 37 CFR 1.130?

When submitting an affidavit or declaration under 37 CFR 1.130 to show that another obtained the subject matter directly or indirectly from the inventor or a joint inventor, it’s important to include supporting documentation. The MPEP advises:

“Any documentation which provides evidence of the communication of the subject matter by the inventor or a joint inventor to the entity that made the disclosure of the subject matter directly or indirectly, such as by an assignee of the inventor, should accompany the affidavit or declaration.”

This documentation may include:

• Email correspondence
• Meeting minutes or notes
• Laboratory notebooks
• Invention disclosure forms
• Assignment documents
• Any other records that demonstrate the transfer of information from the inventor to the disclosing entity

The goal is to provide clear evidence of how the subject matter originated with the inventor and was communicated to the party that made the disclosure.

To learn more:

• affidavit
• declaration
• 37 CFR 1.130
• supporting documentation