What is the purpose of a declaration or affidavit under 37 CFR 1.130(b)?

A declaration or affidavit under 37 CFR 1.130(b) serves to disqualify a disclosure as prior art by establishing that the subject matter disclosed had 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 joint inventor, before the date of the disclosure being relied upon as prior art.

According to MPEP 717.01(b)(1):

“The purpose of a declaration or affidavit submitted under 37 CFR 1.130(b) is to establish that 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.”

To learn more:

• prior art
• declaration
• affidavit
• 37 CFR 1.130(b)
• public disclosure

To learn more:

• 37 CFR 1.130(b)