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

An affidavit or declaration under 37 CFR 1.130 serves to establish that a disclosure was made by the inventor, a joint inventor, or someone who obtained the subject matter from them. According to MPEP 2155.04, it must show either:

• “(1) the disclosure in question 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 ( 37 CFR 1.130(a) ); or
• (2) 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 ( 37 CFR 1.130(b) ).”

This affidavit or declaration is used to overcome certain prior art rejections in patent applications subject to the first inventor to file (FITF) provisions of the AIA.

To learn more:

• 37 CFR 1.130
• affidavit
• declaration
• prior art
• AIA
• FITF