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

The key difference between a 37 CFR 1.130(a) declaration and a 37 CFR 1.130(b) declaration lies in their purpose and the type of disclosure they address:

• 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 because the disclosure is prior art under AIA 35 U.S.C. 102(a)(1) due to the passage of time.

This highlights that 1.130(a) declarations are specifically for attributing recent disclosures, while 1.130(b) declarations deal with establishing prior public disclosures by the inventor.

To learn more:

• 37 CFR 1.130(a)
• 37 CFR 1.130(b)
• declaration comparison
• prior art

To learn more:

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