Does the manner of prior public disclosure matter when submitting an affidavit or declaration?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, the manner of prior public disclosure is not critical when submitting an affidavit or declaration under 37 CFR 1.130(b). The MPEP states: The manner of disclosure of subject matter referenced in an affidavit or declaration under 37 CFR 1.130(b)(2) is not critical. Just as the prior art provision of AIA 35 U.S.C. 102(a)(1) encompasses any disclosure that renders a claimed invention “available to the public,” any manner of disclosure may be evidenced in an affidavit or declaration under 37 CFR 1.130(b). This means that the prior public disclosure by the inventor or joint inventor does not need to be in the same format or use the same words as the intervening disclosure. For example, an inventor could have disclosed the subject matter in a conference presentation, while the intervening disclosure was in a journal article. The difference in the manner of disclosure or wording does not preclude the use of an affidavit or declaration to except the intervening disclosure as prior art. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Manner of Disclosure Not Critical for Affidavit Under 37 CFR 1.130(b) MPEP 2155.02 Manner of Disclosure Not Critical for Prior Art MPEP 2155.02 Permitted Manner of Disclosure Irrelevant for Prior Art MPEP 2155.02 Affidavit for Prior Public Disclosure Required MPEP 2155.02 Permitted Disclosure by Inventor Not Prior Art MPEP 2155.02 Prohibited Keiko's Disclosure as Prior Art Despite Maria’s MPEP 2155.02 Disclosure Manner Not Critical for Prior Art MPEP 2155.02 Permitted Affidavit Must Identify Publicly Disclosed Subject Matter MPEP 2155.02 Required Requirement for Inventor’s Oath or Declaration MPEP 2155.02 Requirement for Including Confer...