How does the USPTO evaluate the sufficiency of evidence in a 37 CFR 1.130(a) declaration?

The USPTO evaluates the sufficiency of evidence in a 37 CFR 1.130(a) declaration on a case-by-case basis. According to MPEP 717.01(a):

‘The evidence necessary to show that the disclosure is 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 requires case-by-case analysis, depending upon whether it is apparent from the disclosure itself or the patent application specification that the disclosure is an inventor originated disclosure.’

The USPTO considers several factors when evaluating the declaration:

• The nature of the disclosure and its relationship to the claimed invention.
• The clarity and completeness of the evidence provided.
• The consistency between the declaration and other evidence in the application.
• Whether the declaration establishes a clear chain of attribution to the inventor or joint inventor.

Examiners are instructed to consider all evidence presented and determine whether it sufficiently establishes that the disclosure should be attributed to the inventor or joint inventor.

To learn more:

• 37 CFR 1.130(a)
• declaration
• evidence evaluation
• USPTO
• attribution

To learn more:

• 37 CFR 1.130(a)