How does a 37 CFR 1.130(b) declaration of prior public disclosure differ from a 1.130(a) declaration?

A 37 CFR 1.130(b) declaration of prior public disclosure serves a different purpose than a 1.130(a) declaration. As outlined in MPEP 717.01(b):

Where the disclosure on which the rejection is based is not a U.S. patent or U.S. patent application publication, the applicant or patent owner may, under 37 CFR 1.130(b), establish a prior public disclosure 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.

Key differences include:

• 1.130(a) declaration: Attributes the disclosure to the inventor(s).
• 1.130(b) declaration: Establishes that the inventor(s) publicly disclosed the subject matter before the date of the reference being used for rejection.

The 1.130(b) declaration must show that the prior public disclosure by the inventor(s) was made no later than the date of the reference and contained the same subject matter.

To learn more:

• 37 CFR 1.130(b)
• 37 CFR 1.130(a)
• prior public disclosure
• patent procedure

To learn more:

• 37 CFR 1.130(b)
• 37 CFR 1.130(a)