What should 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) should include specific information to effectively attribute the subject matter of a grace period inventor disclosure. According to MPEP 717.01(b)(1), the declaration should include:

• Identification of the subject matter publicly disclosed: This should be specific and correspond to the subject matter disclosed in the prior art reference.
• Date of the inventor’s public disclosure: The date when the subject matter was publicly disclosed by the inventor or joint inventor.
• A description of the subject matter publicly disclosed: This should be detailed enough to determine that the prior art subject matter was obtained from the inventor or joint inventor.

The MPEP states:

“The 37 CFR 1.130(b) affidavit or declaration 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.”

Including these elements helps establish that the disclosure was indeed made by the inventor or derived from the inventor’s work.