What is the role of affidavits or declarations in establishing the grace period inventor-originated disclosure exception?

Affidavits or declarations play a crucial role in establishing the grace period inventor-originated disclosure exception when it’s not apparent from the disclosure itself or the patent application specification. The MPEP states:

“The Office has provided a mechanism for filing an affidavit or declaration (under 37 CFR 1.130) to establish that a disclosure is not prior art under AIA 35 U.S.C. 102(a) due to an exception in AIA 35 U.S.C. 102(b). See MPEP § 717.“

Specifically:

• An affidavit or declaration under 37 CFR 1.130(a) can be used to establish that the disclosure falls under the AIA 35 U.S.C. 102(b)(1)(A) exception
• This is particularly useful when it’s not apparent from the prior disclosure or the patent application specification that the prior disclosure is an inventor-originated disclosure
• The affidavit or declaration provides evidence to show that the prior disclosure was an inventor-originated disclosure made during the grace period

For more details on using affidavits or declarations to show inventor-originated disclosures, refer to MPEP § 2155.01.

To learn more:

• grace period
• inventor disclosure
• AIA
• prior art exception
• patent application
• affidavit
• declaration