What time period is covered by 37 CFR 1.130(a) declarations?

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.

Declarations or affidavits under 37 CFR 1.130(a) cover disclosures made within one year or less before the effective filing date of the claimed invention. This is known as the grace period.

The MPEP states: 35 U.S.C. 102(b)(1)(A) provides that a disclosure made one year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under 35 U.S.C. 102(a)(1) if the disclosure was made by the inventor or joint inventor or by another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor.

It’s important to note that this provision is not available for disclosures made more than one year before the effective filing date of the claimed invention.