What are the key criteria for evaluating a declaration under 37 CFR 1.130(a)?

The MPEP outlines several criteria for evaluating the effectiveness of a declaration under 37 CFR 1.130(a): Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A) Whether the affidavit or declaration shows sufficient facts to establish the inventor’s contribution Whether the formal requirements of the declaration or affidavit are met Whether…

Read More

What should be included in a declaration or affidavit under 37 CFR 1.130(a)?

A declaration or affidavit under 37 CFR 1.130(a) should include specific information to effectively disqualify a disclosure as prior art. According to MPEP 717.01(a)(1), the declaration or affidavit should include: Identification of the subject matter publicly disclosed: This should be a description of what was disclosed. The date of the public disclosure: The specific date…

Read More

Can a 37 CFR 1.130(a) declaration be used for disclosures made more than one year before the effective filing date?

No, a declaration under 37 CFR 1.130(a) cannot be used for disclosures made more than one year before the effective filing date of the claimed invention. This limitation is clearly stated in MPEP 717.01(a): ‘The provisions of 37 CFR 1.130(a) are not available if the rejection is based upon a disclosure made more than one…

Read More