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

The 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 under 37 CFR 1.130(a) is effective, Office personnel will consider the following criteria:”

• Whether the disclosure was made one year or less before the effective filing date of the claimed invention;
• 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 evaluation process ensures that the declaration or affidavit effectively disqualifies the disclosure as prior art and meets all necessary legal and procedural requirements.

To learn more:

• 37 CFR 1.130(a)
• declaration evaluation
• affidavit evaluation
• USPTO
• prior art

To learn more:

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