Is an enabling disclosure required for a 37 CFR 1.130(a) declaration?

No, an enabling disclosure is not required for a declaration under 37 CFR 1.130(a). The MPEP explicitly states:

There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from an inventor or a joint inventor was an ‘enabling’ disclosure of the subject matter within the meaning of 35 U.S.C. 112(a).

This means that the declaration or affidavit does not need to prove that the disclosure would have enabled a person skilled in the art to make and use the invention. The focus is on establishing the origin of the disclosure rather than its technical sufficiency.

To learn more:

• 37 CFR 1.130(a)
• enabling disclosure
• declaration requirements
• patent application

To learn more:

• 37 CFR 1.130(a)