What is the purpose of an affidavit or declaration under 37 CFR 1.130?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. An affidavit or declaration under 37 CFR 1.130 serves to disqualify a disclosure as prior art by establishing that the disclosure 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. As stated in MPEP 717.01 : An applicant or patent owner may submit an appropriate affidavit or declaration to disqualify a disclosure as prior art by establishing that the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor. This mechanism is crucial for inventors to protect their inventions from being invalidated by their own disclosures or those derived from their work. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Disqualify Disclosure as Prior Art by Inventor's Public Disclosure MPEP 717.01 Permitted Affidavit or Declaration for Prior Public Disclosure MPEP 717.01 Disqualify Prior Art Disclosure by Inventor MPEP 717.01 Permitted Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Determination of Prior Art Date for AIA 35 U.S.C. 102(a)(1) MPEP 717.01 Disclosure by Inventor Not Prior Art MPEP 717 Prohibited Requirement for Disqualifying Prior Art Through Affidavit MPEP 717.01 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Requirement for Determining Prior Art Date Under AIA 35 U.S.C. 102(a)(2) MPEP 717.01 Subject Matter of One Reference Not Considered Prior Art MPEP 717.01 Permitted Other Related FAQs 5 FAQs Collapse How does MPEP 715.01(a) handle references with a common assignee but different inventors? What types of affidavits or declarations can be filed under 37 CFR 1.130? How does a 37 CFR 1.130 affidavit or ...