What information must be included in a declaration under 37 CFR 1.130(b)?

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(b) must include specific information to be considered effective. The key elements are:

• Identification of the subject matter publicly disclosed
• The date of the public disclosure
• If the disclosure was in a printed publication, a copy must be provided
• If not in a printed publication, a detailed description of the subject matter disclosed

The MPEP states: The declaration or affidavit must identify the subject matter publicly disclosed and provide the date of the public disclosure of such subject matter 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. Additionally, If the subject matter publicly disclosed on the earlier date was not in a printed publication, the affidavit or declaration must describe the subject matter with sufficient detail and particularity to determine what subject matter had been publicly disclosed on the earlier date.