What evidence is required in a 37 CFR 1.130(a) declaration for attribution?
A 37 CFR 1.130(a) declaration for attribution requires specific evidence to effectively overcome a prior art rejection. According to MPEP 717.01(a):
The evidence necessary to show that the disclosure is by the inventor or a joint inventor must be submitted, including an explanation of how the inventor or joint inventor is connected to the disclosure.
The declaration should include:
- A clear explanation of how the inventor(s) are connected to the disclosure
- Documentation or evidence supporting the attribution claim
- Dates and details of the disclosure’s origin
- Any collaborative relationships or assignments relevant to the disclosure
It’s crucial to provide sufficient evidence to establish a clear link between the inventor(s) and the disclosure in question.
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