What are the key criteria for evaluating a declaration under 37 CFR 1.130(a)?

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.

The MPEP outlines several criteria for evaluating the effectiveness of a declaration under 37 CFR 1.130(a):

• Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A)
• Whether the affidavit or declaration shows sufficient facts to establish the inventor’s contribution
• Whether the formal requirements of the declaration or affidavit are met
• Whether the affidavit or declaration is timely presented

The MPEP states, In evaluating whether a declaration under 37 CFR 1.130(a) is effective, Office personnel will consider the following criteria: followed by a detailed list of these factors.