How does the USPTO evaluate the sufficiency of evidence in a 37 CFR 1.130(a) declaration?

The USPTO evaluates the sufficiency of evidence in a 37 CFR 1.130(a) declaration based on a preponderance of the evidence standard. The evidence must show that the disclosure was made by the inventor or joint inventor, or obtained directly or indirectly from them.

According to MPEP 717.01(a)(1):

The evidence necessary to show that the disclosure is by the inventor or a joint inventor or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor must be evaluated on a case-by-case basis.

The evaluation considers factors such as:

• The nature of the disclosure
• The relationship between the inventor(s) and the third party
• The timing of the disclosure
• Any corroborating evidence

The examiner will determine if the evidence sufficiently establishes the inventor’s contribution to the disclosure.

To learn more:

• 37 CFR 1.130(a)
• declaration evaluation
• evidence sufficiency
• USPTO
• preponderance of evidence

To learn more:

• 37 CFR 1.130(a)
• evidence evaluation
• attribution