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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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 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) . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Co-Worker Patents Not Prior Art Under AIA MPEP 717 Disclosure by Inventor Not Prior Art MPEP 717 Prohibited Affidavit for Disclosure Not Prior Art MPEP 717 Disclosure Not Prior Art if Same Owner MPEP 717 Prohibited Affidavits or Declarations for AIA Prior Public Disclosures MPEP 715 Disclosure by Inventor Within One Year Not Prior Art MPEP 717 Prohibited 35 U.S.C. 102 Reference Not Usable in Obviousness Rejection MPEP 2141.01 Prohibited Other Related FAQs 5 FAQs Collapse Can a 37 CFR 1.130(a) declaration be used for disclosures made more than one year before the effective filing date? Can a 37 CFR 1.130(b) declaration be used for U.S. patents or patent application publications? What is the difference between an affidavit and a declaration in patent applications? Can affidavits or declarations be submitted after the prosecution is closed? What happens if an affidavit or declaration is submitted after a final rejection?