What is the purpose of 37 CFR 1.130 in patent examination?

37 CFR 1.130 provides a mechanism for filing an affidavit or declaration to establish that a disclosure is not prior art under the America Invents Act (AIA). Specifically, it allows applicants to overcome prior art rejections by showing that:

• The disclosure was made by the inventor or joint inventor (37 CFR 1.130(a))
• The subject matter was obtained directly or indirectly from the inventor or joint inventor (37 CFR 1.130(a))
• The subject matter was publicly disclosed by the inventor, joint inventor, or someone who obtained it from them before the prior art disclosure (37 CFR 1.130(b))

As stated in the MPEP: The Office has provided a mechanism in 37 CFR 1.130 for filing an affidavit or declaration to establish that a disclosure is not prior art under AIA 35 U.S.C. 102(a) due to an exception in AIA 35 U.S.C. 102(b).

To learn more:

• 37 CFR 1.130
• affidavit
• declaration
• prior art
• AIA
• America Invents Act
• prior public disclosure