What is the purpose of a declaration under 37 CFR 1.130(a) in patent applications?

What is the purpose of a declaration under 37 CFR 1.130(a) in patent applications?

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.

To learn more:

• 37 CFR 1.130(a)
• declaration
• attribution
• prior art
• grace period

To learn more:

• 37 CFR 1.130(a)