What are the key criteria for evaluating declarations under 37 CFR 1.130(b)?

When evaluating declarations under 37 CFR 1.130(b), patent examiners consider several key criteria:

• Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B)
• Whether the affidavit or declaration shows sufficient facts to establish prior public disclosure
• 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(b) is effective to disqualify a disclosure on which the rejection is based, Office personnel will consider the following criteria: (A) Whether the disclosure, which was applied in the rejection and is addressed in the affidavit or declaration, is subject to the exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B). … (B) Whether the affidavit or declaration shows sufficient facts, in weight and character, to establish that the subject matter disclosed had, before such disclosure was made or before such subject matter was effectively filed, been publicly disclosed by: (1) the inventor or a joint inventor; or (2) another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor. … (C) Whether the formal requirements of a declaration or affidavit are met. … (D) Whether the affidavit or declaration is timely presented.

To learn more:

• 37 CFR 1.130(b)
• declaration evaluation
• affidavit evaluation
• prior public disclosure

To learn more:

• 37 CFR 1.130(b)