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

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

• 37 CFR 1.130(b): Used to establish prior public disclosure by the inventor or someone who obtained the subject matter from the inventor.
• 37 CFR 1.130(a): Used to establish that a disclosure was made by the inventor or obtained from the inventor (attribution).

As stated in MPEP 717.01(b):

‘The provisions of 37 CFR 1.130(b) 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 or affidavit under 37 CFR 1.130(b) is not appropriate when the reference is either a U.S. patent or U.S. patent application publication of a patented or pending application naming another inventor, where the subject matter disclosed was obtained directly or indirectly from the inventor or joint inventor.’

This distinction is important for determining which type of declaration is appropriate based on the specific circumstances of the prior art rejection.

To learn more:

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

To learn more:

• 37 CFR 1.130(b)
• 37 CFR 1.130(a)