What types of evidence can support a 1.130(b) declaration?
Various types of evidence can support a declaration under 37 CFR 1.130(b). The MPEP 717.01(b)(1) provides guidance on this:
“Evidence to show that the disclosure is by the inventor or a joint inventor may include an affidavit or declaration…identifying the subject matter publicly disclosed and providing the date of the public disclosure of such subject matter by the inventor or a joint inventor.”
Supporting evidence may include:
- Emails or other correspondence showing the inventor’s disclosure to a third party
- Lab notebooks or research records
- Witnessed and dated documents describing the invention
- Presentation materials used by the inventor
- Testimony from individuals who received the disclosure from the inventor
The key is to provide clear and convincing evidence that links the inventor or joint inventor to the disclosed subject matter and establishes the timing of the disclosure.
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