How does a declaration of attribution under 37 CFR 1.130(a) work?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A declaration of attribution under 37 CFR 1.130(a) is used to establish that a disclosure was made by the inventor or joint inventor, or that the subject matter was obtained from them. According to MPEP 717.01(a)(1):

’37 CFR 1.130(a) provides that an affidavit or declaration of attribution may be submitted to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor.’

This type of declaration is particularly useful when an inventor needs to prove that a seemingly prior art disclosure actually originated from their own work, thus disqualifying it as prior art under 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A).