What evidence is required in a 37 CFR 1.130(a) declaration?

A 37 CFR 1.130(a) declaration requires evidence to establish that the disclosure was made by the inventor or joint inventor, or that the subject matter was obtained directly or indirectly from the inventor or joint inventor. The evidence may include:

• Inventor’s affidavit or declaration stating the facts
• Corroborating documents (e.g., emails, lab notebooks)
• Evidence of inventorship (e.g., employment records)
• Evidence of derivation (if applicable)

According to MPEP 2155.03: “In evaluating whether a declaration under 37 CFR 1.130(a) is effective, Office personnel will consider the following criteria:

• (A) Whether the disclosure, which was applied in the rejection and is addressed in the affidavit or declaration, is subject to the exceptions of 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A);
• (B) Whether the affidavit or declaration shows sufficient facts, in weight and character, to establish that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor.“

To learn more:

• 37 CFR 1.130(a)
• declarations
• evidence requirements
• inventorship
• derivation