MPEP § 717.01(b) — Declarations or Affidavits under 37 CFR 1.130(b) – Prior Public Disclosure (Annotated Rules)
§717.01(b) Declarations or Affidavits under 37 CFR 1.130(b) – Prior Public Disclosure
This page consolidates and annotates all enforceable requirements under MPEP § 717.01(b), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Declarations or Affidavits under 37 CFR 1.130(b) – Prior Public Disclosure
This section addresses Declarations or Affidavits under 37 CFR 1.130(b) – Prior Public Disclosure. Primary authority: 35 U.S.C. 102(b)(1), 35 U.S.C. 102(b)(1)(B), and 35 U.S.C. 102(a)(1). Contains: 1 prohibition, 1 permission, and 1 other statement.
Key Rules
Effectively Filed Date for 102(a)(2)
37 CFR 1.130(b) provides that when any claim of an application or a patent under reexamination is rejected, the applicant or patent owner may submit an appropriate affidavit or declaration to disqualify a disclosure as prior art by establishing that the subject matter disclosed had, before such disclosure was made or before such subject matter was effectively filed, 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. 37 CFR 1.130(b) pertains to the provisions of subparagraph (B) of 35 U.S.C. 102(b)(1) and 102(b)(2). 35 U.S.C. 102(b)(1)(B) provides that a disclosure made one year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under 35 U.S.C. 102(a)(1) if the subject matter disclosed had, before such disclosure, 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. 35 U.S.C. 102(b)(2)(B) provides that a disclosure shall not be prior art to a claimed invention under 35 U.S.C. 102(a)(2) if the subject matter disclosed had, before such subject matter was effectively filed under 35 U.S.C. 102(a)(2), 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.
37 CFR 1.130(b) provides that when any claim of an application or a patent under reexamination is rejected, the applicant or patent owner may submit an appropriate affidavit or declaration to disqualify a disclosure as prior art by establishing that the subject matter disclosed had, before such disclosure was made or before such subject matter was effectively filed, 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. 37 CFR 1.130(b) pertains to the provisions of subparagraph (B) of 35 U.S.C. 102(b)(1) and 102(b)(2). 35 U.S.C. 102(b)(1)(B) provides that a disclosure made one year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under 35 U.S.C. 102(a)(1) if the subject matter disclosed had, before such disclosure, 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. 35 U.S.C. 102(b)(2)(B) provides that a disclosure shall not be prior art to a claimed invention under 35 U.S.C. 102(a)(2) if the subject matter disclosed had, before such subject matter was effectively filed under 35 U.S.C. 102(a)(2), 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.
AIA vs Pre-AIA Practice
[Editor Note: This MPEP section is only applicable to applications subject to the first inventor to file provisions of the AIA. See 35 U.S.C. 100 (note) and MPEP § 2159. For applications subject to pre-AIA 35 U.S.C. 102 and pre-AIA 35 U.S.C. 103, see MPEP § 716.10 for affidavits or declarations of attribution under 37 CFR 1.132.]
Obviousness Under AIA (MPEP 2158)
[Editor Note: This MPEP section is only applicable to applications subject to the first inventor to file provisions of the AIA. See 35 U.S.C. 100 (note) and MPEP § 2159. For applications subject to pre-AIA 35 U.S.C. 102 and pre-AIA 35 U.S.C. 103, see MPEP § 716.10 for affidavits or declarations of attribution under 37 CFR 1.132.]
35 U.S.C. 102 – Novelty / Prior Art
37 CFR 1.130(b) provides that when any claim of an application or a patent under reexamination is rejected, the applicant or patent owner may submit an appropriate affidavit or declaration to disqualify a disclosure as prior art by establishing that the subject matter disclosed had, before such disclosure was made or before such subject matter was effectively filed, 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. 37 CFR 1.130(b) pertains to the provisions of subparagraph (B) of 35 U.S.C. 102(b)(1) and 102(b)(2). 35 U.S.C. 102(b)(1)(B) provides that a disclosure made one year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under 35 U.S.C. 102(a)(1) if the subject matter disclosed had, before such disclosure, 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. 35 U.S.C. 102(b)(2)(B) provides that a disclosure shall not be prior art to a claimed invention under 35 U.S.C. 102(a)(2) if the subject matter disclosed had, before such subject matter was effectively filed under 35 U.S.C. 102(a)(2), 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.
Citations
| Primary topic | Citation |
|---|---|
| AIA vs Pre-AIA Practice Obviousness Under AIA (MPEP 2158) | 35 U.S.C. § 100 |
| AIA vs Pre-AIA Practice Obviousness Under AIA (MPEP 2158) | 35 U.S.C. § 102 |
| 35 U.S.C. 102 – Novelty / Prior Art Effectively Filed Date for 102(a)(2) | 35 U.S.C. § 102(a)(1) |
| 35 U.S.C. 102 – Novelty / Prior Art Effectively Filed Date for 102(a)(2) | 35 U.S.C. § 102(a)(2) |
| 35 U.S.C. 102 – Novelty / Prior Art Effectively Filed Date for 102(a)(2) | 35 U.S.C. § 102(b)(1) |
| 35 U.S.C. 102 – Novelty / Prior Art Effectively Filed Date for 102(a)(2) | 35 U.S.C. § 102(b)(1)(B) |
| 35 U.S.C. 102 – Novelty / Prior Art Effectively Filed Date for 102(a)(2) | 35 U.S.C. § 102(b)(2)(B) |
| AIA vs Pre-AIA Practice Obviousness Under AIA (MPEP 2158) | 35 U.S.C. § 103 |
| 35 U.S.C. 102 – Novelty / Prior Art Effectively Filed Date for 102(a)(2) | 37 CFR § 1.130(b) |
| AIA vs Pre-AIA Practice Obviousness Under AIA (MPEP 2158) | 37 CFR § 1.132 |
| AIA vs Pre-AIA Practice Obviousness Under AIA (MPEP 2158) | MPEP § 2159 |
| AIA vs Pre-AIA Practice Obviousness Under AIA (MPEP 2158) | MPEP § 716.10 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 717.01(b) — Declarations or Affidavits under 37 CFR 1.130(b) – Prior Public Disclosure
Source: USPTO717.01(b) Declarations or Affidavits under 37 CFR 1.130(b) – Prior Public Disclosure [R-11.2013]
[Editor Note: This MPEP section is only applicable to applications subject to the first inventor to file provisions of the AIA. See 35 U.S.C. 100 (note) and MPEP § 2159. For applications subject to pre-AIA 35 U.S.C. 102 and pre-AIA 35 U.S.C. 103, see MPEP § 716.10 for affidavits or declarations of attribution under 37 CFR 1.132.]
37 CFR 1.130(b) provides that when any claim of an application or a patent under reexamination is rejected, the applicant or patent owner may submit an appropriate affidavit or declaration to disqualify a disclosure as prior art by establishing that the subject matter disclosed had, before such disclosure was made or before such subject matter was effectively filed, 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. 37 CFR 1.130(b) pertains to the provisions of subparagraph (B) of 35 U.S.C. 102(b)(1) and 102(b)(2). 35 U.S.C. 102(b)(1)(B) provides that a disclosure made one year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under 35 U.S.C. 102(a)(1) if the subject matter disclosed had, before such disclosure, 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. 35 U.S.C. 102(b)(2)(B) provides that a disclosure shall not be prior art to a claimed invention under 35 U.S.C. 102(a)(2) if the subject matter disclosed had, before such subject matter was effectively filed under 35 U.S.C. 102(a)(2), 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.