Can a 37 CFR 1.130(a) declaration be used for all types of prior art?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. No, a 37 CFR 1.130(a) declaration cannot be used for all types of prior art. It is specifically designed to address certain types of disclosures that fall within the exceptions under AIA 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A) . According to MPEP 717.01(a)(1) : The provisions of 37 CFR 1.130(a) are not available if the rejection is based upon a disclosure made more than one year before the effective filing date of the claimed invention. A declaration or affidavit filed under 37 CFR 1.130(a) is not appropriate in this situation since the disclosure is not subject to the exceptions of 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A). This means that 37 CFR 1.130(a) declarations are primarily useful for: Disclosures made within one year of the effective filing date Disclosures that can be attributed to the inventor or obtained from the inventor They cannot be used to overcome rejections based on older prior art or art that is not derived from the inventor’s work. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Exceptions to Prior Art Under 35 U.S.C. 102(b)(1) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(2) MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Disclosure Made by Inventor Not Prior Art MPEP 717.01(a) Prohibited Disclosure Made by Inventor Not Prior Art MPEP 717.01(a) Affidavit for Disclosure Not Prior Art MPEP 717 Disclosure by Inventor Not Prior Art MPEP 717 Prohibited Disclosure by Inventor Within One Year Not Prior Art MPEP 717 Prohibited Affidavit to Disqualify Prior Art Disclosure MPEP 717.01(a) Permitted Disclosure Not Prior Art if Same Owner MPEP 717 Prohibited Other Related FAQs 5 FAQs Collapse Can a 37 CFR 1.130(a) d...