Does an affidavit under 37 CFR 1.130 need to demonstrate enablement?

No, an affidavit or declaration under 37 CFR 1.130 does not need to demonstrate enablement. The MPEP 2155.04 clearly states:

“An affidavit or declaration under 37 CFR 1.130(a) or (b) need not demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from an inventor or a joint inventor was an ‘enabling’ disclosure of the subject matter within the meaning of 35 U.S.C. 112(a).”

Instead, the affidavit or declaration must focus on establishing the origin of the disclosure or the timing of public disclosure by the inventor or joint inventor.

To learn more:

• 37 CFR 1.130
• affidavit
• declaration
• enablement
• 35 U.S.C. 112(a)