What are the requirements for a 37 CFR 1.130(a) declaration of attribution?

A 37 CFR 1.130(a) declaration of attribution must meet specific requirements to effectively disqualify a disclosure as prior art. According to MPEP 717.01(a):

The applicant or patent owner may submit an appropriate affidavit or declaration to disqualify a disclosure as prior art by establishing that the disclosure was made by the inventor or a joint inventor, or the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor.

Key requirements include:

• Identifying the subject matter disclosed and its date of disclosure;
• Providing a reasonable explanation of the disclosure’s presence in the application;
• Declaring that the subject matter was obtained directly or indirectly from the inventor(s);
• Explaining the communication of the subject matter to the declarant (if not an inventor).

Meeting these requirements is crucial for successfully attributing the disclosure to the inventor(s) and disqualifying it as prior art.

To learn more:

• 37 CFR 1.130(a)
• declaration of attribution
• prior art disqualification
• patent procedure

To learn more:

• 37 CFR 1.130(a)