What factors are considered when evaluating a declaration under 37 CFR 1.130(b)?

When evaluating a declaration under 37 CFR 1.130(b), the USPTO considers several factors:

• Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B)
• Whether the affidavit shows sufficient facts to establish that the subject matter was publicly disclosed by the inventor or someone who obtained it from the inventor
• Whether the formal requirements of the declaration are met
• Whether the declaration is timely presented

The MPEP states: In evaluating whether a declaration under 37 CFR 1.130(b) is effective to disqualify a disclosure on which the rejection is based, Office personnel will consider the following criteria: (A) Whether the disclosure […] is subject to the exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B). […] (B) Whether the affidavit or declaration shows sufficient facts […] (C) Whether the formal requirements of a declaration or affidavit are met. […] (D) Whether the affidavit or declaration is timely presented.

To learn more:

• 37 CFR 1.130(b)
• declarations
• affidavits
• evaluation factors
• USPTO

To learn more:

• 37 CFR 1.130(b)