How does an examiner evaluate the sufficiency of evidence in a 1.130(b) declaration?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When evaluating the sufficiency of evidence in a declaration under 37 CFR 1.130(b), examiners follow specific guidelines. According to MPEP 717.01(b)(1):

“The evidence necessary to show that the disclosure is by the inventor or a joint inventor must be evaluated by considering the facts and circumstances surrounding the disclosure of the subject matter. The evidence submitted may or may not be sufficient.”

To evaluate the sufficiency, examiners consider:

• The facts and circumstances surrounding the disclosure
• The relationship between the inventor(s) and the third party who disclosed the subject matter
• The timing of the disclosure
• Any corroborating evidence provided

The examiner must determine if the evidence convincingly demonstrates that the inventor or joint inventor is the source of the disclosed subject matter.