What evidence is required in a 37 CFR 1.130(a) declaration for attribution?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. A 37 CFR 1.130(a) declaration for attribution must provide sufficient evidence to show that the disclosure originated from the inventor or a joint inventor. The MPEP states: ‘Some factors to consider are the following: (1) Where the disclosure was made. (2) The delay between the disclosure and the filing of the application. (3) Whether the disclosure was made by, or in conjunction with, the inventor or joint inventor.’ Evidence may include: Copies of emails or other communications showing the inventor as the source of the disclosure Affidavits from witnesses who can attest to the inventor’s authorship Documentation showing the chain of communication from the inventor to the disclosing party The declaration should clearly explain how the evidence demonstrates that the inventor is the source of the disclosure in question. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for AIA Practice MPEP 717 Affidavits Required for Pre-AIA Applications MPEP 717 Disclosure by Inventor Within One Year Not Prior Art MPEP 717 Prohibited Disclosure by Inventor Not Prior Art MPEP 717 Prohibited Affidavit for Disclosure Not Prior Art MPEP 717 Disclosure Not Prior Art if Same Owner MPEP 717 Prohibited Co-Worker Patents Not Prior Art Under AIA MPEP 717 Term 'Disclosure' Not Defined by AIA MPEP 717 Conditions for Non-Prior Art Disclosure MPEP 717 Exceptions to Prior Art under 35 U.S.C. 102(b)(1) and (b)(2) MPEP 717 Other Related FAQs 5 FAQs Collapse Can a 37 CFR 1.130(a) declaration be used for disclosures made more than one year before the effective filing date? Can a 37 CFR 1.130(b) declaration be used for U.S. patents or patent application publications? What is the differe...