What criteria are used to evaluate the effectiveness of a 37 CFR 1.130(a) declaration?

The MPEP outlines several criteria used to evaluate the effectiveness of a declaration under 37 CFR 1.130(a):

1. Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(A) or 102(b)(2)(A).
2. Whether the affidavit or declaration shows sufficient facts to establish that the disclosure was made by the inventor or a joint inventor, or the subject matter was obtained directly or indirectly from them.
3. Whether the formal requirements of the declaration or affidavit are met.
4. 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 criteria.

It’s important to note that the evidence required may vary case-by-case, depending on whether it’s apparent from the disclosure or patent application specification that the disclosure originated from the inventor(s).

To learn more:

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

To learn more:

• 37 CFR 1.130(a)