Are exhibits always required with a 37 CFR 1.130(a) declaration?

Exhibits are not always required with a 37 CFR 1.130(a) declaration, but they may be necessary in some situations. The MPEP explains:

37 CFR 1.130 does not contain a provision that ‘[o]riginal exhibits of drawings or records, or photocopies thereof, must accompany and form part of the affidavit or declaration or their absence must be satisfactorily explained’ in contrast to the requirement for such exhibits in 37 CFR 1.131(b), because in some situations an affidavit or declaration under 37 CFR 1.130 does not necessarily need to be accompanied by such exhibits (e.g., a statement by the inventor or a joint inventor may be sufficient).

However, the MPEP also notes that in situations where additional evidence is required, such exhibits must accompany an affidavit or declaration under 37 CFR 1.130. Additionally, any exhibits that the applicant or patent owner wishes to rely upon must be included with the declaration.

To learn more:

• 37 CFR 1.130(a)
• declaration exhibits
• affidavit requirements
• patent evidence

To learn more:

• 37 CFR 1.130(a)