Can a 37 CFR 1.130(a) declaration be used for disclosures made more than one year before the effective filing date?

No, a 37 CFR 1.130(a) declaration cannot be used for disclosures made more than one year before the effective filing date of the claimed invention. MPEP 717.01(a) clearly states:

The provisions of 37 CFR 1.130(a) are not available if the rejection is based upon a disclosure made more than one year before the effective filing date of the claimed invention. A declaration under 37 CFR 1.130(a) is not appropriate in this situation because the disclosure is prior art under AIA 35 U.S.C. 102(a)(1) due to the passage of time.

This limitation is due to the AIA 35 U.S.C. 102(b)(1) grace period, which only applies to disclosures made within one year of the effective filing date. Disclosures older than one year automatically become prior art and cannot be overcome through attribution.

To learn more:

• 37 CFR 1.130(a)
• time limitation
• prior art
• grace period

To learn more:

• 37 CFR 1.130(a)
• declaration
• one-year limit
• AIA 35 U.S.C. 102(a)(1)