What evidence is required in a declaration under 37 CFR 1.130(b) for prior public disclosure?
A declaration under 37 CFR 1.130(b) for prior public disclosure requires specific evidence to be effective. According to MPEP 717.01(b):
“The evidence necessary to show prior public disclosure under AIA 35 U.S.C. 102(b) 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 must be sufficient to show that: (1) The disclosure was made by the inventor or a joint inventor, or by another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor; and (2) the subject matter disclosed had been publicly disclosed by the inventor or a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from the inventor or joint inventor before the date of the reference or intervening disclosure.”
The declaration should include:
- Identification of the subject matter publicly disclosed
- Date of the public disclosure
- Evidence of the public disclosure (e.g., copies of publications, presentation materials)
- Explanation of how the declarant is qualified to make the declaration
It’s important to provide clear and convincing evidence that establishes the prior public disclosure and its relationship to the claimed invention.
To learn more:
To learn more: