What factors are considered in evaluating the sufficiency of facts in a 37 CFR 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.

When evaluating the sufficiency of facts in a 37 CFR 1.130(a) declaration, the following factors are considered:

• For disclosures including the inventor or a joint inventor as an author, an unequivocal statement of inventorship with a reasonable explanation for additional authors may be acceptable.
• A mere statement without reasonable explanation may not be sufficient if there is contrary evidence.
• The presence of contrary statements from other named authors in other applications may affect the evaluation.

The MPEP states: Where the authorship of the prior art disclosure includes the inventor or a joint inventor named in the application, an ‘unequivocal’ statement from the inventor or a joint inventor that he/she (or some specific combination of named joint inventors) invented the subject matter of the disclosure, accompanied by a reasonable explanation of the presence of additional authors, may be acceptable in the absence of evidence to the contrary.