How does the USPTO evaluate declarations or affidavits under 37 CFR 1.130(a)?

The United States Patent and Trademark Office (USPTO) evaluates declarations or affidavits under 37 CFR 1.130(a) based on several factors. According to MPEP 717.01(a)(1):

In evaluating whether a declaration or affidavit under 37 CFR 1.130(a) is effective to disqualify a disclosure as prior art under AIA 35 U.S.C. 102(a), Office personnel will consider the following criteria:

• Whether the disclosure in question is subject to the exceptions of 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A).
• Whether the declaration or affidavit shows sufficient facts, in weight and character, to establish 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.
• Whether the formal requirements of 37 CFR 1.130(a) have been met.

The USPTO examiners will carefully review the provided evidence and assertions to determine if the declaration or affidavit effectively disqualifies the disclosure as prior art. It’s crucial for applicants to provide comprehensive and well-supported declarations or affidavits to meet these evaluation criteria.

To learn more:

• 37 CFR 1.130(a)
• USPTO evaluation
• declaration assessment
• affidavit review

To learn more:

• 37 CFR 1.130(a)