What types of evidence can support a declaration under 37 CFR 1.130(a)?

A declaration under 37 CFR 1.130(a) can be supported by various types of evidence. While the MPEP 717.01(a)(1) doesn’t provide an exhaustive list, it suggests that evidence should demonstrate how the subject matter was publicly disclosed. Types of evidence may include:

• Copies of publications or presentations
• Dated laboratory notebooks or research records
• Email correspondence or meeting minutes
• Witness statements corroborating the disclosure
• Documentation of public demonstrations or exhibitions

The MPEP emphasizes the importance of explaining the disclosure:

The declaration must identify the subject matter disclosed with sufficient specificity and particularity to determine what subject matter is relied upon as the inventor’s own work.

The evidence should clearly connect the disclosed subject matter to the inventor’s work and the timing of the disclosure. The strength and relevance of the evidence will be evaluated by the examiner to determine the sufficiency of the declaration.

To learn more:

• 37 CFR 1.130(a)
• declaration evidence
• supporting documentation
• public disclosure

To learn more:

• 37 CFR 1.130(a)