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.
A declaration under 37 CFR 1.130(a) serves to attribute a disclosure to the inventor or a joint inventor, or to establish that a disclosure was obtained from the inventor or a joint inventor. This is particularly useful when dealing with prior art that falls within the grace period exceptions under AIA 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A).
The MPEP states: ‘The provision of 37 CFR 1.130(a) is not available if the rejection is based upon a disclosure made more than one year before the effective filing date of the claimed invention.’ This highlights the importance of timing in using such declarations.