How does a declaration of attribution under 37 CFR 1.130(a) work?

A declaration of attribution under 37 CFR 1.130(a) is used to establish that a disclosure was made by the inventor or joint inventor, or that the subject matter was obtained from them. According to MPEP 717.01(a)(1):

’37 CFR 1.130(a) provides that an affidavit or declaration of attribution may be submitted to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor.’

This type of declaration is particularly useful when an inventor needs to prove that a seemingly prior art disclosure actually originated from their own work, thus disqualifying it as prior art under 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A).

To learn more:

• declaration of attribution
• 37 CFR 1.130(a)
• disqualify disclosure
• prior art

To learn more:

• 37 CFR 1.130(a)