How does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.130(b) declaration?

Declarations under 37 CFR 1.130(a) and (b) serve different purposes in patent examination:

• 37 CFR 1.130(a) declaration: Used for attribution of a disclosure to the inventor or joint inventor.
• 37 CFR 1.130(b) declaration: Used to establish prior public disclosure by the inventor or joint inventor.

As 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 year before the effective filing date of the claimed invention. A declaration under 37 CFR 1.130(a) is not appropriate in this situation since the disclosure is prior art under AIA 35 U.S.C. 102(a)(1) due to the fact that the disclosure was made more than one year before the effective filing date of the claimed invention.’

This distinction is crucial for inventors to choose the appropriate type of declaration based on their specific circumstances.

To learn more:

• 37 CFR 1.130(a)
• 37 CFR 1.130(b)
• declaration
• attribution
• prior public disclosure

To learn more:

• 37 CFR 1.130(a)
• 37 CFR 1.130(b)