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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.