Are exhibits always required with a 37 CFR 1.130(b) declaration?

Exhibits are not always required with a 37 CFR 1.130(b) declaration, but they may be necessary in some situations. The MPEP explains:

37 CFR 1.130 does not contain a provision that ‘Original exhibits of drawings or records, or photocopies thereof, must accompany and form part of the affidavit or declaration or their absence must be satisfactorily explained’ in contrast to the requirement for such exhibits in 37 CFR 1.131(b), because in some situations an affidavit or declaration under 37 CFR 1.130 does not necessarily need to be accompanied by such exhibits (e.g., a statement by the inventor or a joint inventor may be sufficient).

However, the MPEP also notes: However, in situations where additional evidence is required, such exhibits must accompany an affidavit or declaration under 37 CFR 1.130. In addition, an affidavit or declaration under 37 CFR 1.130 must be accompanied by any exhibits that the applicant or patent owner wishes to rely upon.

Therefore, while exhibits are not always mandatory, they should be included when necessary to support the declaration or when the applicant wishes to rely on them.

To learn more:

• 37 CFR 1.130(b)
• declarations
• affidavits
• exhibits
• evidence

To learn more:

• 37 CFR 1.130(b)