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

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 requires specific evidence to effectively overcome a prior art rejection. According to MPEP 717.01(a):

The evidence necessary to show that the disclosure is by the inventor or a joint inventor must be submitted, including an explanation of how the inventor or joint inventor is connected to the disclosure.

The declaration should include:

• A clear explanation of how the inventor(s) are connected to the disclosure
• Documentation or evidence supporting the attribution claim
• Dates and details of the disclosure’s origin
• Any collaborative relationships or assignments relevant to the disclosure

It’s crucial to provide sufficient evidence to establish a clear link between the inventor(s) and the disclosure in question.