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

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

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.

To learn more:

• 37 CFR 1.130(a)
• declaration
• attribution
• evidence
• inventor

To learn more:

• 37 CFR 1.130(a)