What evidence is required for a 1.130(a) declaration?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

For a 1.130(a) declaration, the evidence required depends on whether the declarant is claiming to be the inventor/joint inventor of the disclosed subject matter or claiming that the subject matter was obtained from the inventor/joint inventor. According to MPEP 2155.01:

• If the declarant is the inventor/joint inventor: “The declaration must show that the inventor or a joint inventor is the inventor of the subject matter of the disclosure.”
• If the declarant is not the inventor/joint inventor: “The declaration must identify the subject matter publicly disclosed and provide a reasonable explanation of the way in which the subject matter was obtained from or transmitted to the inventor or a joint inventor.”

The declaration should be accompanied by any additional evidence necessary to show the relationship of the declarant to the inventor or joint inventor, such as documentary evidence of communication between the inventor and the declarant.