What are the two main scenarios covered by 37 CFR 1.130 affidavits?

The MPEP 2155.04 outlines two main scenarios that can be addressed by affidavits or declarations under 37 CFR 1.130:

1. Inventor or Joint Inventor Disclosure (37 CFR 1.130(a)): “The disclosure in question was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor.”
2. Prior Public Disclosure (37 CFR 1.130(b)): “The subject matter disclosed had, before such disclosure was made or before such subject matter was effectively filed, been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor.”

These affidavits are used to establish that a disclosure should not be considered prior art or to show that the disclosed subject matter originated with the inventor(s).

To learn more:

• 37 CFR 1.130
• affidavit
• declaration
• prior art
• inventor disclosure
• public disclosure