What is the purpose of 37 CFR 1.130 affidavits or declarations?

The purpose of affidavits or declarations under 37 CFR 1.130 is to overcome prior art rejections by establishing that:

  • The disclosure was made by the inventor or joint inventor (1.130(a) declaration)
  • The subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor (1.130(a) declaration)
  • The subject matter disclosed had been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor before the date of the reference or intervening disclosure (1.130(b) declaration)

As stated in MPEP 2155: “37 CFR 1.130 provides a mechanism 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:

Topics: MPEP 2100 - Patentability, MPEP 2155 - Use Of Affidavits Or Declarations Under 37 Cfr 1.130 To Overcome Prior Art Rejections, Patent Law, Patent Procedure
Tags: 37 cfr 1.130, affidavits, Aia 35 U.S.C. 102, declarations, Prior Art Rejections