What are the key criteria for evaluating a declaration under 37 CFR 1.130(a)?

The MPEP outlines several criteria for evaluating the effectiveness of a declaration under 37 CFR 1.130(a):

• Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A)
• Whether the affidavit or declaration shows sufficient facts to establish the inventor’s contribution
• Whether the formal requirements of the declaration or affidavit are met
• Whether the affidavit or declaration is timely presented

The MPEP states, In evaluating whether a declaration under 37 CFR 1.130(a) is effective, Office personnel will consider the following criteria: followed by a detailed list of these factors.

To learn more:

• 37 CFR 1.130(a)
• declaration evaluation
• affidavit criteria
• patent examination

To learn more:

• 37 CFR 1.130(a)