What evidence is required in a 1.130(b) declaration for prior public disclosure?

A declaration under 37 CFR 1.130(b) requires specific evidence to establish a prior public disclosure. As outlined in MPEP 717.01(b), the declaration should include:

• The subject matter that was publicly disclosed;
• The date of the public disclosure; and
• The manner of the public disclosure.

The MPEP states:

“The evidence necessary to show prior public disclosure under AIA 35 U.S.C. 102(b)(1)(B) by the inventor or a joint inventor requires at least the following: (1) The subject matter that was publicly disclosed; and (2) the date and manner of the public disclosure of such subject matter by the inventor or a joint inventor.”

It’s crucial to provide sufficient detail to establish that the prior disclosure was indeed public and that it covered the same subject matter as the intervening disclosure being disqualified.

To learn more:

• 37 CFR 1.130(b)
• declaration evidence
• prior public disclosure
• patent application

To learn more:

• 37 CFR 1.130(b)