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

A declaration or affidavit under 37 CFR 1.130(a) is used to show 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, In other words, the affidavits or declarations are seeking to attribute an activity, a reference, or part of a reference to the inventor(s) to show that the disclosure is not available as prior art under 35 U.S.C. 102(a).

To learn more:

• 37 CFR 1.130(a)
• declaration
• affidavit
• prior art
• inventor disclosure

To learn more:

• 37 CFR 1.130(a)
• disclosure