What are the formal requirements for a declaration under 37 CFR 1.130(a)?

Declarations under 37 CFR 1.130(a) must meet specific formal requirements to be considered valid. According to MPEP 717.01(a)(1), these requirements include:

• Proper signature: The declaration must be signed by the inventor or joint inventor.
• Timely filing: It should be filed before the mailing of a final rejection or action that otherwise closes prosecution.
• Identification of the disclosure: Clear identification of the subject matter publicly disclosed.
• Date of disclosure: Specific date when the disclosure was made public.
• Names of persons involved: Identification of the inventor(s) and any other individuals involved in the public disclosure.
• Location of disclosure: Where the public disclosure occurred.

The MPEP emphasizes:

The evidence necessary to show that the disclosure is by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor requires corroboration of the facts…

It’s crucial to provide sufficient corroborating evidence and ensure all formal requirements are met for the declaration to be considered effective in disqualifying a disclosure as prior art.

To learn more:

• 37 CFR 1.130(a)
• declaration requirements
• affidavit formal criteria
• patent procedure

To learn more:

• 37 CFR 1.130(a)