What documentation should accompany an affidavit or declaration under 37 CFR 1.130?

When submitting an affidavit or declaration under 37 CFR 1.130 to show that another obtained the subject matter directly or indirectly from the inventor or a joint inventor, it’s important to include supporting documentation. The MPEP advises: “Any documentation which provides evidence of the communication of the subject matter by the inventor or a joint…

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What types of evidence can support a 1.130(b) declaration?

Various types of evidence can support a declaration under 37 CFR 1.130(b). The MPEP 717.01(b)(1) provides guidance on this: “Evidence to show that the disclosure is by the inventor or a joint inventor may include an affidavit or declaration…identifying the subject matter publicly disclosed and providing the date of the public disclosure of such subject…

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