When can an affidavit or declaration under 37 CFR 1.130(a) be used?
An affidavit or declaration under 37 CFR 1.130(a), also known as an affidavit or declaration of attribution, can be used in two specific situations: To establish that a disclosure was made by the inventor or joint inventor. To establish that the subject matter disclosed was obtained directly or indirectly from the inventor or joint inventor.…
Read MoreWhat is the difference between an inventor’s oath or declaration under 37 CFR 1.63 and a declaration under 37 CFR 1.130(a)?
An inventor’s oath or declaration under 37 CFR 1.63 and a declaration under 37 CFR 1.130(a) serve different purposes in the patent application process: Inventor’s oath or declaration (37 CFR 1.63): Required for all non-provisional patent applications Establishes the identity of the inventor(s) and their belief that they are the original inventor(s) of the claimed…
Read MoreWhat 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…
Read MoreWhat is the difference between 37 CFR 1.130(a) and 1.130(b) declarations?
The main difference between 37 CFR 1.130(a) and 1.130(b) declarations lies in the nature of the disclosure being addressed: 1.130(a) declaration: Used when the disclosure was made by the inventor or joint inventor, or the subject matter was obtained directly or indirectly from the inventor or joint inventor. 1.130(b) declaration: Used when the subject matter…
Read MoreWhen is a declaration under 37 CFR 1.130(a) not available?
A declaration under 37 CFR 1.130(a) is not available in the following situations: If the disclosure was made more than one year before the effective filing date of the claimed invention. When the disclosure is a U.S. patent or U.S. patent application publication that claims an invention substantially the same as the applicant’s, and the…
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