What factors are considered in evaluating the sufficiency of facts in a 37 CFR 1.130(a) declaration?

When evaluating the sufficiency of facts in a 37 CFR 1.130(a) declaration, the following factors are considered:

• For disclosures including the inventor or a joint inventor as an author, an unequivocal statement of inventorship with a reasonable explanation for additional authors may be acceptable.
• A mere statement without reasonable explanation may not be sufficient if there is contrary evidence.
• The presence of contrary statements from other named authors in other applications may affect the evaluation.

The MPEP states: Where the authorship of the prior art disclosure includes the inventor or a joint inventor named in the application, an ‘unequivocal’ statement from the inventor or a joint inventor that he/she (or some specific combination of named joint inventors) invented the subject matter of the disclosure, accompanied by a reasonable explanation of the presence of additional authors, may be acceptable in the absence of evidence to the contrary.

To learn more:

• 37 CFR 1.130(a)
• declaration evaluation
• sufficiency of facts
• inventor statements

To learn more:

• 37 CFR 1.130(a)