How does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.132 declaration?

How does a 37 CFR 1.130(a) declaration differ from a 37 CFR 1.132 declaration?

A 37 CFR 1.130(a) declaration is specifically used for attribution purposes under the AIA, while a 37 CFR 1.132 declaration has broader applications. The MPEP states: ‘The provisions of 37 CFR 1.130 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. Such a disclosure would be prior art under AIA 35 U.S.C. 102(a)(1) based on the time of the disclosure and would not be subject to an exception under AIA 35 U.S.C. 102(b)(1).’

In contrast, 37 CFR 1.132 declarations can be used to submit evidence of unexpected results, commercial success, long-felt need, and other secondary considerations to overcome obviousness rejections, as well as to show prior invention in interference proceedings.

To learn more:

• 37 CFR 1.130(a)
• 37 CFR 1.132
• declaration
• affidavit
• AIA

To learn more:

• 37 CFR 1.130(a)
• 37 CFR 1.132