What are the requirements for a valid 37 CFR 1.130(b) declaration?

What are the requirements for a valid 37 CFR 1.130(b) declaration?

A valid 37 CFR 1.130(b) declaration must meet several requirements to effectively establish prior public disclosure. According to MPEP 717.01(b), the declaration should:

• Be made by the inventor, a joint inventor, or another who obtained the subject matter from them
• Establish that the subject matter was publicly disclosed before the relevant date of the potential prior art disclosure
• Show that the publicly disclosed subject matter is the same as the subject matter in the application
• Provide evidence of the public availability if it’s not apparent from the disclosure itself
• Include a copy of the disclosure if it’s not available to the public

The MPEP states: ‘Where the prior public disclosure is not apparent, the declaration or affidavit must also provide evidence that establishes that the potential prior art subject matter was 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.’

Additionally, the declaration should be timely filed and accompanied by any necessary evidence to support the claims made in the declaration.

To learn more:

• 37 CFR 1.130(b)
• declaration requirements
• prior public disclosure
• patent examination

To learn more:

• 37 CFR 1.130(b)