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.
Declarations or affidavits under 37 CFR 1.130(a) are used 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 the MPEP, 37 CFR 1.130(a) provides that when any claim of an application or a patent under reexamination is rejected, the applicant or patent owner may submit an appropriate affidavit or declaration 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.