How does an examiner evaluate the sufficiency of a declaration under 37 CFR 1.130(a)?
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.
An examiner evaluates the sufficiency of a declaration under 37 CFR 1.130(a) by considering several factors. According to MPEP 717.01(a)(1):
In evaluating whether a declaration under 37 CFR 1.130(a) is sufficient, Office personnel will consider whether the declaration: (1) includes an acknowledgment by the declarant that willful false statements and the like are punishable by fine or imprisonment, or both (18 U.S.C. 1001); and (2) sets forth the subject matter that was disclosed and an explanation of how the subject matter disclosed was publicly disclosed.
The examiner will assess whether the declaration:
- Acknowledges the consequences of false statements
- Clearly identifies the disclosed subject matter
- Explains how the subject matter was publicly disclosed
- Provides sufficient evidence to support the claims
If these elements are satisfactorily addressed, the declaration may be considered sufficient to overcome the prior art rejection.