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

A declaration under 37 CFR 1.130(a) must meet specific formal requirements to be considered valid. MPEP 717.01(a)(1) outlines these requirements:

“The formal requirements for a declaration or affidavit are set forth in 37 CFR 1.68 and 37 CFR 1.130. They are the same as those for any other declaration or affidavit filed in the USPTO.”

These formal requirements include:

• The declaration must be in writing and signed by the affiant;
• It must include an acknowledgment that willful false statements are punishable by fine or imprisonment, or both;
• The declaration must set forth facts, not mere conclusions;
• The facts stated must be specific, complete, and clearly set forth to support the conclusion sought.

Additionally, the declaration should clearly identify the disclosure being disqualified and provide a reasonable explanation of how the disclosure was made by the inventor or joint inventor, or how the subject matter was obtained from the inventor or joint inventor.

To learn more:

• 37 CFR 1.130(a)
• declaration requirements
• affidavit requirements
• formal requirements
• USPTO

To learn more:

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